Wei v Chen

In the matter of Wei v Chen, the plaintiff, Wei, sought an order for the payment of a sum of money out of court to the second defendant, Chen, who had filed a cross-claim for payment of moneys. The first defendant, who may have a right to claim part of the funds paid into court, did not appear. The court was tasked with determining whether it was appropriate to pay the second defendant the amount claimed, given that the plaintiff agreed that the sum owed by both the plaintiff and the first defendant to the second defendant was greater than the amount paid into court.

The court needed to decide whether to order the payment of the funds to the second defendant, despite the absence of the first defendant. The key legal issue was whether the second defendant was entitled to the payment of the moneys out of court, considering the first defendant's potential claim to part of the funds and the service of the statement of claim and other documents on the first defendant. The court also had to assess whether the plaintiff's agreement to the amount owed was sufficient to warrant the payment to the second defendant.

The court found that the first defendant had been properly served with the statement of claim and other documents. The plaintiff's agreement that the amount owed to the second defendant by both the plaintiff and the first defendant exceeded the amount paid into court was deemed reliable. The court was satisfied that it was appropriate to make the order for payment of the funds to the second defendant, as the first defendant had not appeared and the plaintiff had acknowledged the amount owed. Consequently, the court ordered that the moneys be paid out of court to the second defendant and made a judgment in her favour for the balance owed to her by both the plaintiff and the first defendant.