Han v Jiang - [2025] NSWCA 202

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation: Han v Jiang [2025] NSWCA 202
Hearing dates: 1 September 2025
Date of orders: 1 September 2025
Decision date: 02 September 2025
Before: Adamson JA
Decision:
(1)   Subject to order 2, dismiss the applicants’ notice of motion filed 26 August 2025.
(2)   Extend order 4, made by Schmidt AJ on 21 August 2025, for a period of 14 days with the intention of providing the applicants the opportunity to seek review of the dismissal of the notice of motion.
(3)   The applicants to pay the respondent’s costs of the notice of motion.

Catchwords:
CIVIL PROCEDURE — application for extension of stay to prevent monies paid into court being paid to successful party in satisfaction of judgment debt — where unsuccessful parties absent themselves from substantive hearing — where application made to set aside judgment on the basis of absence of unsuccessful parties — where unsuccessful parties seek to rely on evidence which is irrelevant because it is outside extant pleadings — motion dismissed — Uniform Civil Procedure Rules 2005 (NSW), r 36.16

Legislation Cited:
Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 51.9, 51.12, 51.44

Cases Cited:
Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685
Allchin v Hunter Water Corporation (No 3) [2025] NSWCA 75
Banque Commerciale SA (En Liqn) v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 11
Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70
Jiang v Han (No 2) [2025] NSWSC 48
Jiang v Han (No 3) [2025] NSWSC 452
Jiang v Han (No 4) [2025] NSWSC 695
Jiang v Han (No 5) [2025] NSWSC 948
Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383

Category: Procedural rulings
Parties: Kairan Han (First Applicant)
Fortune New City (Yarraville) Development Pty Ltd (Second Applicant)
Zhao Qing Jiang (Respondent)
Representation:
Counsel:
D Moujalli / G Antipas (Applicants)
N J Kidd SC (Respondent)
Solicitors:
Hiways Lawyers (Applicants)
Sunfield Chambers Solicitors & Associates (Respondent)

File Number(s): 2025/327473
Decision under appeal

Court or tribunal:

Supreme Court

Jurisdiction:

Common Law

Citation:

Jiang v Han (No 5) [2025] NSWSC 948

Date of Decision:

21 August 2025

Before:

Schmidt AJ

File Number(s):

2021/273456

HEADNOTE

[This headnote is not to be read as part of the judgment]

The applicants, Kairan Han, a Chinese national, and Fortune New City (Yarraville) Development Pty Ltd, entered into a joint venture agreement in 2016 (the 2016 agreement) with Zhao Jiang, the respondent, to acquire and develop land in Yarraville, Victoria. Mr Jiang successfully sued the applicants for a debt under the agreement and obtained judgment in his favour. Schmidt AJ (the primary judge) ordered that monies which had been paid into Court and subsequently transferred to a joint account (in lieu of a freezing order which had been made when the proceedings were commenced) be paid out to Mr Jiang but stayed the order until 5pm on 1 September 2025. The applicants sought an extension of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Han v Jiang

Details

AGLC: Han v Jiang [2025] NSWCA 202
Case: [2025] NSWCA 202
Decision Date: 02 September 2025

CaseChat Overview and Summary

The applicants, Han and others, sought an extension of a stay on monies paid into court, which were intended to satisfy a judgment debt owed to the respondent, Jiang. The applicants had been absent from the substantive hearing of the matter, and subsequently sought to set aside the judgment on the basis of their absence. Their application was dismissed by the court.

The primary legal issue before the court was whether the applicants were entitled to an extension of the stay to prevent the monies paid into court from being released to the respondent. This involved considering the applicants' application to set aside the judgment, and the admissibility of the evidence they sought to rely upon in support of that application.

The court dismissed the applicants' notice of motion, finding that the evidence they sought to rely upon was irrelevant as it fell outside the extant pleadings. Consequently, the court did not grant the extension of the stay. However, a limited extension of a prior order was granted for 14 days to allow the applicants an opportunity to seek review of the dismissal of their motion. The applicants were ordered to pay the respondent's costs of the motion.

Orders

Orders of the court

(1) Subject to order 2, dismiss the applicants’ notice of motion filed 26 August 2025.

(2) Extend order 4, made by Schmidt AJ on 21 August 2025, for a period of 14 days with the intention of providing the applicants the opportunity to seek review of the dismissal of the notice of motion.

(3) The applicants to pay the respondent’s costs of the notice of motion.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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Medium Neutral Citation:	Han v Jiang [2025] NSWCA 202
Hearing dates:	1 September 2025
Date of orders:	1 September 2025
Decision date:	02 September 2025
Before:	Adamson JA
Decision:	(1) Subject to order 2, dismiss the applicants’ notice of motion filed 26 August 2025. (2) Extend order 4, made by Schmidt AJ on 21 August 2025, for a period of 14 days with the intention of providing the applicants the opportunity to seek review of the dismissal of the notice of motion. (3) The applicants to pay the respondent’s costs of the notice of motion.
Catchwords:	CIVIL PROCEDURE — application for extension of stay to prevent monies paid into court being paid to successful party in satisfaction of judgment debt — where unsuccessful parties absent themselves from substantive hearing — where application made to set aside judgment on the basis of absence of unsuccessful parties — where unsuccessful parties seek to rely on evidence which is irrelevant because it is outside extant pleadings — motion dismissed — Uniform Civil Procedure Rules 2005 (NSW), r 36.16
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 51.9, 51.12, 51.44
Cases Cited:	Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Allchin v Hunter Water Corporation (No 3) [2025] NSWCA 75 Banque Commerciale SA (En Liqn) v Akhil Holdings Ltd (1990) 169 CLR 279; [1990] HCA 11 Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70 Jiang v Han (No 2) [2025] NSWSC 48 Jiang v Han (No 3) [2025] NSWSC 452 Jiang v Han (No 4) [2025] NSWSC 695 Jiang v Han (No 5) [2025] NSWSC 948 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383
Category:	Procedural rulings
Parties:	Kairan Han (First Applicant) Fortune New City (Yarraville) Development Pty Ltd (Second Applicant) Zhao Qing Jiang (Respondent)
Representation:	Counsel: D Moujalli / G Antipas (Applicants) N J Kidd SC (Respondent) Solicitors: Hiways Lawyers (Applicants) Sunfield Chambers Solicitors & Associates (Respondent)
File Number(s):	2025/327473
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Common Law Citation: Jiang v Han (No 5) [2025] NSWSC 948 Date of Decision: 21 August 2025 Before: Schmidt AJ File Number(s): 2021/273456