Wang v Zhao

The case of Wang v Zhao involved a dispute concerning matrimonial property located in New South Wales, Australia. Both parties were residents of the People's Republic of China and there were concurrent proceedings taking place in the Chinese courts regarding the disposition of the matrimonial property. The applicant, Wang, sought a stay of the proceedings brought under section 66G of the Conveyancing Act 1919 (NSW) in the Supreme Court of New South Wales, pending the outcome of the Chinese proceedings.

The primary legal issue before the court was whether it was appropriate to grant a temporary stay of the proceedings under section 66G of the Conveyancing Act 1919 (NSW), given that the parties were not resident in Australia and there were concurrent proceedings in China. The court considered the relevant conflict of laws principles and the desirability of avoiding parallel litigation and unnecessary expense. The court also took into account the need to respect the jurisdiction of the Chinese courts and the potential for those proceedings to impact on the Australian proceedings.

In deciding to grant a temporary stay, the court noted that it was appropriate to do so on certain conditions. The stay was to be temporary and conditional on the Chinese proceedings proceeding in a manner that did not undermine the Australian court's jurisdiction. The court also emphasised the importance of the parties continuing to cooperate in the resolution of their matrimonial property dispute. The court was satisfied that the conditions were sufficient to protect the interests of the parties and the proper administration of justice.

The court granted a temporary stay of the proceedings under section 66G of the Conveyancing Act 1919 (NSW), pending the outcome of the Chinese proceedings, subject to the conditions outlined in the judgment.