Wang v Zhang

[2024] NZHC 1004

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2023-404-2099

[2024] NZHC 1004

BETWEEN

SHAOJUN WANG

Plaintiff

AND

QIAN ZHANG

Defendant

Hearing:	(On the papers)
Counsel:	A J B Holmes and N M Foulis for Plaintiff
Judgment:	30 April 2024

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 30 April 2024 at 12:45 am pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

………………..……

WANG v ZHANG [2024] NZHC 1004 [30 April 2024]

[1]        The plaintiff seeks summary judgment to, in effect, enforce earlier judgments of the Court confirming that the defendant holds a property on express trust for the plaintiff.1 The plaintiff is the only beneficiary of the trust.

[2]        The plaintiff required the defendant to transfer the title to her. The plaintiff, by her solicitor, made that request over a year ago but the defendant has not responded. Orders are sought removing the defendant as trustee and vesting the title of the property in question in the name of the plaintiff.

[3]        I am satisfied that the defendant does not have a reasonably arguable defence to the plaintiff’s claim. The Court of Appeal held that:2

The High Court was correct that Ms Wang had obtained Ms Zhang’s entire beneficial interest in the property.

[4]        Accordingly, there is summary judgment for the plaintiff in terms of the prayer for relief  sought  in  the  first  cause  of  action  in  the  statement  of  claim  dated  12 September 2023.

Costs

[5]        Costs are sought on a 2B basis, which is appropriate and I so order. I fix costs in the sum of $13,623.00 and disbursements at $1,906.46; a total of $15,529.46.

[6]        The Registry may seal the order in terms of Schedule A to plaintiff’s counsels’ memorandum of 28 April 2024.

Associate Judge Lester

Solicitors:

Carter Atmore Law Limited, Auckland (for Plaintiff)

Copy to counsel:

A J B Holmes, Barrister, Auckland (for Plaintiff) N M Foulis, Barrister, Auckland (for Plaintiff)

1      New World (New Zealand) Ltd v Zhang  [2021] NZHC 2899 and New World  (New Zealand)  Ltd v Wang [2023] NZCA 35.

2      New World (New Zealand) Ltd v Zhang, [2023] NZCA 35 at [1].