Zhang v Shi (No 5)

The matter of Zhang v Shi (No 5) involved a dispute between the plaintiffs, Zhang, and the defendants, Shi, over an alleged breach of a freezing order. The case was heard in the Supreme Court of Victoria. The plaintiffs sought a declaration that the defendants had contravened the terms of a freezing order, leading to potential contempt of court charges.

The primary legal issues revolved around the interpretation of the freezing order and whether the threshold for contempt applied individually to each defendant's assets. The court also needed to determine whether the particularisation of the charges of contempt of court was adequate and whether the value of the assets post-transaction exceeded the specified threshold. In addressing these issues, the court referred to previous cases such as Deputy Commissioner of Taxation v Gashi (No 2), National Australia Bank v Juric, Green v The Queen, and Doney v The Queen.

The court held that the freezing order applied individually to each defendant's assets, meaning that the threshold for contempt was met by each defendant's individual holdings. The charges of contempt were deemed adequately particularised as they specified the assets and transactions that breached the order. The court found that the value of the assets post-transaction exceeded the threshold, thus establishing a prima facie case for contempt of court. The final orders were made in favour of the plaintiffs, declaring the defendants in contempt of court and providing remedies as appropriate.