| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA588/2017 [2018] NZCA 528 |
| BETWEEN | YUE LI |
| AND | PING LIU |
| Hearing: | 12 September 2018 (further submissions received |
Court: | Kós P, Asher and Williams JJ |
Counsel: | W G C Templeton and J M Matheson for First, Second, Third and Fourth Appellant |
Judgment: | 26 November 2018 at 3.00 pm |
JUDGMENT OF THE COURT
AThe appeal is allowed.
BMs Reed and Prestige Lawyers Ltd are disqualified from continuing to act in this proceeding.
CThere is no order for costs.
____________________________________________________________________
REASONS OF THE COURT
(Given by Williams J)
Introduction
[1] The first and second appellants (Yue Li and Jing Chen) are married and are living in Auckland. Yue Li’s mother, Ping Liu, and stepfather, Xing Li, (the Lis) are the first and second respondents. They paid for the house in which Yue and Jing reside but formal ownership is in the names of Yue and Jing. The Lis have fallen out with Yue and Jing over beneficial ownership of the house, and over certain household goods and personal items, all of which are in the possession of Yue and Jing. For their part, the Lis say Yue and Jing were only ever intended to be trustees over the house. They say beneficial ownership is with the stepfather, Xing Li. And they say the household and personal items in the possession of the young couple in fact belong to the Lis. The Lis have issued proceedings seeking declarations of constructive or resulting trust, breach of trust/fiduciary duties, unjust enrichment and deceit in relation to the house, and relief for conversion and detinue in relation to the household and personal goods.
[2] Yue and Jing respond that the house, household goods and personal items were all gifts given to assist them in setting themselves up and that the Lis were never intended to retain any rights in them.
[3] It is in the context of that litigation that Yue and Jing applied to the High Court to disqualify the Lis’ counsel, Ms Reed and her firm, Prestige Lawyers Ltd (Prestige Law), from continuing to act in the matter, and to prevent Ms Reed from giving evidence. Muir J declined the application. Muir J’s decision was appealed to this Court.
Relevant factual background
[4] Although the Lis are resident overseas, they purchased a home in Christchurch to provide accommodation for Yue while he was a student there. After the Christchurch earthquakes, they received a substantial insurance pay out in relation to the home. They resolved to use the proceeds to purchase a new home in Auckland for their son and Jing to live in (the Auckland house). As noted, there is a dispute over the terms of that arrangement.
[5] After the Auckland house was purchased there were…
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- Li v Liu [2018] NZCA 528
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- [2018] NZCA 528
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