Zheng v Jin

Case [2024] NSWCA 293


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Zheng v Jin [2024] NSWCA 293
Hearing dates: 4 December 2024
Date of orders: 9 December 2024
Decision date: 09 December 2024
Before: Ward P; Leeming JA
Decision:

1.   Application for leave to appeal dismissed with costs.

Catchwords:

APPEALS – Leave to appeal – Summary dismissal – Proceedings barred by issue estoppel or Anshun estoppel – Proceedings instituted outside limitation period – No issue of principle or public importance – Leave refused

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 100

Family Law Act 1975 (Cth), ss 79, 119

Supreme Court Act 1970 (NSW), s 101

Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 14.28

Cases Cited:

Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164

Blair & Perpetual Trustee Co Ltd v Curran (Adam's will) (1939) 62 CLR 464; [1939] HCA 23

Carolan v AMF Bowling Pty Ltd t/as Bennetts Green Bowl [1995] NSWCA 69

Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502; [1988] HCA 21

Clarke v State of New South Wales [2015] NSWCA 27

Jaycar Pty Limited v Lombardo [2011] NSWCA 284

Kuligowski v Metrobus (2004) 220 CLR 363; [2004] HCA 34

Manby v Manby (1876) 3 Ch D 101

Murphy v Abi-Saab (1995) 37 NSWLR 280

Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45

Ramsay v Pigram (1968) 118 CLR 271; [1968] HCA 34

Zheng v Jin [2024] NSWSC 567

Category:Principal judgment
Parties: Chao Zheng (Applicant)
Jun Jin (Respondent)
Representation:

Counsel:
C Zheng (in person) (Applicant)
M Castle (Respondent)

Solicitors:
Monaco Lawyers (Respondent)
File Number(s): 2024/00216275
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
Supreme Court of New South Wales
Jurisdiction:
Civil
Citation:

[2024] NSWSC 567

Date of Decision:
14 May 2024
Before:
Hmelnitsky J
File Number(s):
2024/31780

HEADNOTE

[This headnote is not to be read as part of the judgment]

On 14 May 2024, Hmelnitsky J summarily dismissed proceedings brought by Mr Chao Zheng (the applicant) against his former wife (Ms Jun Jin) (the respondent) pursuant to r 13.4 of the Uniform Civil Procedure Rules (2005) (NSW) (UCPR). His Honour gave ex tempore reasons for his summary dismissal of the proceedings.

His Honour’s primary conclusion was that Mr Zheng was prevented by issue estoppel from seeking to assert his claimed entitlement to certain AUD and RMB funds, that issue estoppel arising because Mr Zheng would then be traversing matters already decided in earlier proceedings brought against his wife under the Family Law Act 1975 (Cth). His Honour held that if, contrary to his primary conclusion, Mr Zheng’s entitlement to those funds had not been determined in the earlier proceedings, Mr Zheng’s claim to those funds could and should have been brought in those earlier proceedings and it was entirely unreasonable for him not to have raised his present claims at the time that all of the other issues were resolved. Hence,…

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AGLC
Zheng v Jin [2024] NSWCA 293
Case
[2024] NSWCA 293
Decision Date

CaseChat Overview and Summary

The applicant, Zheng, sought leave to appeal against a summary dismissal of proceedings by the primary judge. The respondent was Jin. The proceedings were dismissed on the basis that they were barred by issue estoppel or *Anshun* estoppel, and also because they were instituted outside the relevant limitation period.

The central legal issues before the Court of Appeal were whether the primary judge erred in finding that the proceedings were barred by issue estoppel or *Anshun* estoppel, and whether the proceedings were validly commenced within the applicable limitation period. The Court was also required to consider whether there was any issue of principle or public importance that warranted granting leave to appeal.

Ward P and Leeming JA dismissed the application for leave to appeal. Their Honours found that the primary judge had correctly applied the principles of issue estoppel and *Anshun* estoppel, and that the proceedings were indeed out of time. They concluded that there was no arguable error in the primary judge's decision and, crucially, that no issue of principle or public importance arose that would justify granting leave to appeal.

Consequently, the application for leave to appeal was dismissed with costs.

Orders

Orders of the court

1. Application for leave to appeal dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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