Worldwide Holidays Ltd v Wang

Case [2019] NZHC 2218


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2017-404-646

[2019] NZHC 2218

BETWEEN

WORLDWIDE HOLIDAYS LIMITED

Plaintiff

AND

XIAONING WANG

First Defendant

HAIMENG LIN
Second Defendant

LI HEMING
Third Defendant (discontinued)

BU JUN

Fourth Defendant

Hearing: 6, 7, 8, 10 and 13 May 2019

Appearances:

T Allan, G Steyne and T P Kelly for the Plaintiff No appearance by or for the First Defendant

The Second Defendant in person
No appearance by or for the Fourth Defendant

Judgment:

5 September 2019


JUDGMENT OF GAULT J


This judgment was delivered by me on 5 September 2019 at 3:30 p.m. pursuant to r 11.5 of the High Court Rules 2016.

Registrar/Deputy Registrar

……………………………………

Parties / Solicitors / Counsel:

Mr T Allan and Mr T P Kelly, Grove Darlow & Partners, Auckland The first defendant, Ms Xiaonng Wang

The second defendant, Ms Haimeng Lin

Mr Yang (Eddie) Yang (for the fourth defendant), Great Wall Lawyers, Auckland

WORLDWIDE HOLIDAYS LTD v WANG [2019] NZHC 2218 [5 September 2019]

[1]    The plaintiff, Worldwide Holidays Ltd, is a New Zealand travel agency selling inbound and outbound travel and tourism services. Approximately 95 per cent of Worldwide’s services are provided to customers travelling between New Zealand and China – 60,000 or more customers per year.

[2]    The first defendant, Ms Wang, was an employee or independent contractor working as a travel consultant for Worldwide between 2007 and 2017. Counsel for Ms Wang advised the Court by memoranda in March 2019 that the first defendant did not intend to appear at the trial or file evidence and would abide by the ruling of the Court in her absence, and subsequently that he had received instructions to cease acting. Leave was granted by van Bohemen J excusing counsel’s attendance at the trial.

[3]The second defendant, Ms Lin, is a friend of the first defendant.

[4]    The third defendant, Li Heming, was thought to be the husband of the first defendant but has never been served or pursued. The plaintiff filed a discontinuance in November 2017, but not all defendants consented. I granted leave to discontinue at the hearing.

[5]    The fourth defendant, Ms Jun, is the mother of the first defendant. Prior to trial Ms Jun’s counsel advised that she would not be appearing at the trial or filing evidence, and van Bohemen J excused counsel’s attendance.

[6]    Worldwide claims that Ms Wang misappropriated money from Worldwide in breach of her fiduciary and contractual duties as its agent. Worldwide claims for misappropriation of $1,435,708.95 in the period from 1 January 2010, even though it suspects further misappropriation may have pre-dated this period.

[7]    Worldwide also claims that sum in contract pursuant to an acknowledgement of debt signed by Ms Wang in March 2017 after the alleged misappropriation came to light. Worldwide also claims the same sum against Ms Jun as guarantor.

[8]    Worldwide claims that Ms Lin received  $558,468.50  of  its  money  from Ms Wang or directly from Worldwide’s…

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Worldwide Holidays Ltd v Wang [2019] NZHC 2218
Case
[2019] NZHC 2218
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CaseChat Overview and Summary

The case involves Worldwide Holidays Ltd suing Xiaoning Wang, Haimeng Lin, and Li Heming for misappropriation of funds. Wang, a former employee and independent contractor, is alleged to have misappropriated $1,435,708.95, which Worldwide seeks to recover. Lin is accused of receiving $558,468.50 from Wang, and Worldwide also claims this amount from Jun, Wang's mother, as a guarantor. The court had to determine whether Wang owed Worldwide a fiduciary duty, whether she misappropriated funds, and whether Lin received Worldwide's money. Wang did not appear in court, while Lin represented herself. The court found Wang did owe Worldwide a fiduciary duty and misappropriated funds, and that Lin received Worldwide's money. Worldwide is entitled to judgment against Wang for $1,310,729, against Lin for $526,768.50, and against Jun for $1,435,708.95 plus interest, subject to a total recovery limit of $1,435,708.95. Worldwide is also entitled to costs on a 2B basis plus disbursements.

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Background

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