Sun & Yeng (No 4) - [2023] FedCFamC1F 955

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Sun & Yeng (No 4) [2023] FedCFamC1F 955

File number SYC 8025 of 2022

Judgment of WILSON J

Date of judgment 8 November 2023

Catchwords FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – amendment application

Legislation Family Law Act 1975 (Cth)

Division Division 1 First Instance

Number of paragraphs 9

Date of hearing 8 November 2023

Place Sydney

Counsel for the applicant Mr L. Glick KC with Mr J. Mellas

Solicitor for the applicant Lander & Rogers

Counsel for the first respondent Mr J. Lloyd SC

Solicitor for the first respondent Longton Legal

Counsel for the second respondent Mr D. Brown KC with Mr D. Edney

Solicitor for the second respondent XR Consulting Pty Ltd
ORDERS

SYC 8025 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN
MS SUN

Applicant

AND
MR YENG

First Respondent

MS HAU

Second Respondent

ORDER MADE BY

WILSON J

DATE OF ORDER

8 NOVEMBER 2023

THE COURT ORDERS THAT –
1.Leave is granted to the wife to rely on her further amended defence to the second respondent’s amended points of claim.
2.The further hearing of this proceeding is adjourned to 10:00am 5 December 2023 for final submissions.
3.The parties must send an agreed timetable of when each party is to file and serve their written submissions by no later than 10:00am Monday 13 November 2023.

Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under a pseudonym of Sun & Yeng has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
EX TEMPORE REASONS FOR JUDGMENT
WILSON J

Since this proceeding was initiated, the status of funds applied in the acquisition of two parcels of real estate in Suburb J has been in issue. The proceeding has been on foot at trial for a number of days. On the resumption of the trial today, ostensibly with a view to the trial’s completion this week, the wife has produced a further amended defence on which she seeks leave to rely and in which she pleads that the sum used to settle the purchase of the Suburb J properties was the subject of a gift to the husband and wife by the husband’s mother and the husband’s father.
The prior iteration of pleadings in this proceeding did not contain any such…

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 Sun & Yeng (No 4)

Details

AGLC: Sun & Yeng (No 4) [2023] FedCFamC1F 955
Case: [2023] FedCFamC1F 955
Decision Date: 8 November 2023

CaseChat Overview and Summary

The matter in question involves Ms Sun, who filed an application for amendment in the Federal Circuit and Family Court of Australia. Ms Sun, the applicant, sought to amend her defence against the claims made by Mr Yeng, the first respondent, and Ms Hau, the second respondent. The application was related to a complex financial proceeding under the Major Complex Financial Proceedings List. The applicant's objective was to rely on a further amended defence to the second respondent's amended points of claim. The court was required to determine whether the applicant should be granted leave to rely on the further amended defence and to decide on the scheduling of the next hearing.

The central legal issue was whether Ms Sun should be permitted to rely on her further amended defence against the amended points of claim made by Ms Hau. The applicant argued that the proposed amendments were necessary to adequately address the claims made by the second respondent. The court had to consider the timeliness of the application and whether the amendments would unduly prejudice the respondents. Additionally, the court needed to decide on an appropriate date for the final hearing to allow for proper preparation and submission of written arguments.

In granting the application for leave to rely on the further amended defence, the court acknowledged the necessity for the applicant to respond to the amended claims effectively. The judge recognised that the application was not made inordinately late and that the respondents would not be prejudiced by the amendments. The court also set a timetable for the submission of written arguments and scheduled the final hearing to ensure that all parties had sufficient time to prepare. This decision aimed to facilitate a fair and efficient resolution of the financial disputes between the parties.

The court ordered that Ms Sun be granted leave to rely on her further amended defence to the second respondent's amended points of claim. The further hearing of the proceeding was adjourned to 10:00 am on 5 December 2023 for final submissions. The parties were directed to submit an agreed timetable for the filing and serving of their written submissions by no later than 10:00 am on Monday, 13 November 2023. The form of the order was subject to review and potential variation as per the relevant Federal Circuit and Family Court of Australia (Family Law) Rules.

Orders

Orders of the court

SYC 8025 of 2022

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)

BETWEEN

MS SUN

Applicant

AND

MR YENG

First Respondent

MS HAU

Second Respondent

ORDER MADE BY

WILSON J

DATE OF ORDER

8 NOVEMBER 2023

THE COURT ORDERS THAT –

1. Leave is granted to the wife to rely on her further amended defence to the second respondent’s amended points of claim.

2. The further hearing of this proceeding is adjourned to 10:00am 5 December 2023 for final submissions.

3. The parties must send an agreed timetable of when each party is to file and serve their written submissions by no later than 10:00am Monday 13 November 2023.

Note: The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

File number	SYC 8025 of 2022
Judgment of	WILSON J
Date of judgment	8 November 2023
Catchwords	FAMILY LAW – MAJOR COMPLEX FINANCIAL PROCEEDINGS LIST – amendment application
Legislation	Family Law Act 1975 (Cth)
Division	Division 1 First Instance
Number of paragraphs	9
Date of hearing	8 November 2023
Place	Sydney
Counsel for the applicant	Mr L. Glick KC with Mr J. Mellas
Solicitor for the applicant	Lander & Rogers
Counsel for the first respondent	Mr J. Lloyd SC
Solicitor for the first respondent	Longton Legal
Counsel for the second respondent	Mr D. Brown KC with Mr D. Edney
Solicitor for the second respondent	XR Consulting Pty Ltd

SYC 8025 of 2022
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN	MS SUN Applicant
AND	MR YENG First Respondent MS HAU Second Respondent

ORDER MADE BY	WILSON J
DATE OF ORDER	8 NOVEMBER 2023