Bin v Sun

[2023] NZHC 436

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2022-404-001911

[2023] NZHC 436

BETWEEN

MENG BIN

Plaintiff

AND

FANG SUN

Defendant

Hearing:	8 March 2023
Appearances:	M J Robinson and J Yu for Plaintiff
Judgment:	8 March 2023

ORAL JUDGMENT OF VENNING J

Solicitors:           Turner Hopkins, Takapuna, Auckland

BIN v SUN [2023] NZHC 436 [8 March 2023]

[1]                 The plaintiff seeks judgment for the New Zealand dollar equivalent of a judgment entered in China against the defendant together with interest and costs.

[2]                 On 30 June 2019 the Beijing Haidian District People’s Court issued a judgment in the first instance in the plaintiff’s favour against the defendant and others. The judgment was joint and several. On 29 July 2019 the defendant and the other judgment debtors appealed to the First Intermediate People’s Court in Beijing seeking to set aside the judgment. The plaintiff cross-appealed.

[3]On 25 November 2019 the Intermediate Court dismissed the appeals.

[4]                 The judgment has been partially enforced in China by orders of the Beijing Haidian District People’s Court. There remain no further avenues for appeal by the defendant or his joint judgment debtors.

[5]                 The basis of the plaintiffs claim was an Agreement of Equity Transfer (AET). Under that agreement the plaintiff had a put option which he subsequently enforced and the defendant and his co-defendants failed to honour their obligations under it.

[6]                 The application for summary judgment is supported by affidavits of Xinrong Guo, the lawyer who represented the plaintiff in the proceedings in China and Bin Meng, the plaintiff.

[7]                 The proceedings were served on Mr Sun, who is presently incarcerated in Paremoremo Prison on 23 November 2022. The defendant has taken no steps.

[8]                 In the circumstances and after hearing from counsel, the Court is satisfied that the defendant Mr Sun has no arguable defence to the plaintiff’s claim against him. The plaintiff is entitled to the judgment he seeks, including interest and costs.

[9]                 Mr Robinson presented the Court with a draft judgment  in  the  sum  of  NZD 1,498,764.13 (including interest to today’s date). The Registrar may seal the draft judgment.

Venning J