Wang v Meng

[2022] NSWCA 215

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Wang v Meng [2022] NSWCA 215

Hearing dates:

5 October 2022

Decision date:

26 October 2022

Before:

Macfarlan JA at [1];
White JA at [2];
Basten AJA at [44]

Decision:

Summons filed on 29 July 2022 seeking leave to appeal is dismissed with costs

Catchwords:

CIVIL PROCEDURE – pleadings – amendment – grant of leave to amend after conclusion of hearing – application of s 63 of Supreme Court Act 1970 (NSW) – possibility of multiplicity of proceedings – absence of express reference to ss 56, 57, and 58 of the Civil Procedure Act 2005 (NSW) – no basis to interfere with judge’s exercise of discretion to allow amendment

Legislation Cited:

Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64

Supreme Court Act 1970 (NSW), s 63

Cases Cited:

AON Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27

Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261; [2010] FCAFC 101

House v The King (1936) 55 CLR 499; [1936] HCA 40

Johnson v Mackinnon [2021] NSWCA 152

Macquarie Bank Ltd v National Mutual Life Association of Australia Ltd (1996) 40 NSWLR 543

The Age Company Ltd & Ors v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26

Turner v Bladin (1951) 82 CLR 463; [1951] HCA 13

Young v Hones (No 2) [2014] NSWCA 338

Category:

Principal judgment

Parties:

Binbin Wang (Appellant)
Zihui Meng (Respondent)

Representation:

Counsel:
M Condon SC (Applicant)
J Mee (Respondent)

Solicitors:
Juris Cor Legal Chatswood (Applicant)
Jurisbridge Legal (Respondent)

File Number(s):

2022/160057

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity

Citation:

[2022] NSWSC 833

Date of Decision:

23 June 2022

Before:

Parker J

File Number(s):

2020/213480

JUDGMENT

1. MACFARLAN JA: I agree with White JA.

2. WHITE JA: This is an application for leave to appeal from orders of the Equity Division by which the respondent (plaintiff in the court below) was granted leave to amend her already amended statement of claim to claim damages for breach of contract after the judge had determined that her claim for equitable relief, by way of specific performance and related relief, should be dismissed (Meng v Wang [2022] NSWSC 833). For the reasons which follow I would refuse leave to appeal.

3. The respondent, Ms Zihui Meng, sued the applicant, Ms Binbin Wang, for specific performance of an agreement by which (as the judge found) Ms Wang agreed to purchase Ms Meng’s shares in two proprietary companies (Comfort Zone Clinic Pty Ltd and Comfort Zone Spa Pty Ltd) for $378,000.

4. By her amended statement of claim filed on 7 September 2020, Ms Meng sought the following orders:

“1.   Judgment for the plaintiff against the defendant in the sum of $378,000.

2.   An order that the defendant transfers her 55% ownership interest in the land comprised in folio identifier 13/SP77100, known as 13/1 Dixon…