Liu v Wang

Case [2024] NSWSC 697


Supreme Court


New South Wales

Medium Neutral Citation: Liu v Wang [2024] NSWSC 697
Hearing dates: 16 and 30 May 2024
Decision date: 30 May 2024
Jurisdiction: Equity - Real Property List
Before: Peden J
Decision:

(1) Judgment for the plaintiff in the sum of $418,328.43.

(2) Statement of claim otherwise dismissed.

Catchwords:

CIVIL PROCEDURE — Application for leave to reopen — Where application to reopen made at time of judgment — Where applicant made a conscious decision not to bring forward certain evidence — Where evidence not probative

EQUITY — Equitable charges and liens — Contribution to acquisition or improvement of another’s property — Intention — Where defendant had an obligation to repay money — Whether money extended was a loan or a contribution which entitled the plaintiff to an equitable charge

EQUITY — Defences — Illegality — Where no defence raised — Where Court raised issue of Foreign Acquisitions and Takeovers Act 1975 (Cth) — Whether declaration should be refused in circumstances where the issue of statutory illegality arose

Legislation Cited:

Civil Procedure Act 2005 (NSW) ss 56-60

Foreign Acquisitions and Takeovers Act 1975 (Cth) ss 4, 12, 45, 47, 49, 81, 84, 94

Foreign Acquisitions and Takeovers Regulation 2015 (Cth) regs 19, 52

Uniform Civil Procedure Rules 2005 (NSW) rr 2.1, 14.3, 29.5

Cases Cited:

Chalmers v Pardoe [1963] 1 WLR 677

Delaforce v Simpson-Cook [2010] NSWCA 84

Elite Realty Development Pty Ltd v Sadek [2022] NSWSC 1333

Giumelli v Giumelli (1999) 196 CLR 101

Huang v Fu [2011] NSWSC 316

Macdonald v Australian Securities and Investments Commission (2007) 73 NSWLR 612

Meshumar v Otmy (2018) 97 NSWLR 615

Morris v Morris (1982) 1 NSWLR 61

Nelson v Nelson (1995) 184 CLR 538

Quality Bakers Australia Pty Ltd v Yassin Modern Bakery Pty Ltd (t/as Yassin Lebanese Bakery) [2007] NSWSC 804

Re Central Management (NSW) Pty Ltd (in liq) [2017] NSWSC 1258

Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82

Roberts v Investwell Pty Ltd (in liquidation) [2012] NSWCA 134

Shaw (as liquidator of ACN 166 338 138 Pty Ltd (in liq) (formerly Structural Projects Pty Ltd) v KPR Recruitment Australia Pty Ltd (No 2) [2017] NSWSC 707

Sheikholeslami v Tolcher [2011] FCA 1050

Sneddon v New South Wales [2012] NSWCA 351

Szetu v Situ (No 2) [2019] NSWSC 1312

Category:Principal judgment
Parties: Shouping Liu (Plaintiff)
Wei Ming Wang (Defendant)
Representation:

Counsel:
16 May 2024
N Kabilafkas, H Zhao (Plaintiff)

30 May 2024
M Condon SC, H Zhao (Plaintiff)

Solicitors:
Juris Cor Legal (Plaintiff)
File Number(s): 2023/00419527
Publication restriction: Nil

ex tempore JUDGMENT (revised)

  1. The defendant, Wei Ming Wang, is the sole registered proprietor of a property in Zetland. The plaintiff, Shouping Liu, claims to have an equitable interest in the property by way of an equitable charge, because she advanced money towards the purchase of the property and Wang made various alleged promises to her.

  2. At the commencement of the hearing, Liu abandoned claims for the alleged breaches of trust concerning Wang’s…

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AGLC
Liu v Wang [2024] NSWSC 697
Case
[2024] NSWSC 697
Decision Date

CaseChat Overview and Summary

In the case of Liu v Wang, the dispute involved a claim for an equitable charge over a property, and a subsequent application for leave to reopen the proceedings. The case was heard in the Federal Court of Australia. The plaintiff, Liu, sought to establish an equitable charge over a property owned by the defendant, Wang, based on a contribution made towards the acquisition of the property. Liu also applied for leave to reopen the proceedings to present additional evidence, which the court had to consider in light of the arguments regarding the admissibility and relevance of the evidence.

The court was required to decide several legal issues. First, whether the additional evidence presented by Liu was admissible and relevant to the claim for an equitable charge. Second, the court had to determine whether the money extended by Liu to Wang was a loan or a contribution, which would entitle Liu to an equitable charge. Third, the court considered whether the claim should be dismissed on the basis of statutory illegality, specifically under the Foreign Acquisitions and Takeovers Act 1975 (Cth), an issue that was not raised by the defendant but was brought up by the court.

The court found that Liu's decision not to present certain evidence at the time of judgment was a conscious one, and the evidence in question was not probative. Consequently, the application for leave to reopen was dismissed. Regarding the equitable charge, the court concluded that the money extended by Liu was not a contribution that entitled Liu to an equitable charge, but rather a loan. Finally, the court determined that the issue of statutory illegality did not warrant refusing the declaration sought by Liu. The court found that the claim did not contravene the Foreign Acquisitions and Takeovers Act 1975 (Cth), and therefore the application for a declaration was not refused on this basis.

The final orders of the court were that Liu's application for leave to reopen was dismissed, and the claim for an equitable charge was dismissed. The court did not refuse the declaration sought by Liu on the basis of statutory illegality, and Liu was not granted the equitable charge over the property.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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