Xing v Li

[2023] NZCA 585

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA116/2023
 [2023] NZCA 585

BETWEEN

ZHONG XING Applicant

AND

JICAI LI AND FANG YU First Respondents YUN ZHENG Second Respondent WEN CHEN Third Respondent ZHONG WEI ZHOU Fourth Respondent BO LIN Fifth Respondent JIYUAN WU Sixth Respondent FANG YU Seventh Respondent WMW TRUSTEE LIMITED Eighth Respondent YANGXUAN WANG AND MENGQUI WANG Ninth Respondents XIN ZHAO Tenth Respondent ZELIX TRADING LIMITED Eleventh Respondent QIN XIN ZENG AND AIXUAN GUO Twelfth Respondents JCM NZ LIMITED Thirteenth Respondent YIKAI CHEN Fourteenth Respondent FENGLIANG CHEN AND MING MING DING Fifteenth Respondents ZHIREN ZHANG Sixteenth Respondent LOVE HOMES LIMITED Seventeenth Respondent ER XIA CAO AND ER SHENG CAO (AS TRUSTEES OF ZION TRUST) AND ER SHENG CAO AND ER XIA CAO (AS TRUSTEES OF CAO TRUST) TOGETHER WITH JUN WU Eighteenth Respondents JASVINDER SINGH AND TINA SINGH Nineteenth Respondents GREEN LAND INVESTMENT LIMITED Twentieth Respondent REGISTRAR-GENERAL OF LAND Twenty-First Respondent LEQUN ZHAO Twenty-Second Respondent XING ENTERPRISES LIMITED Twenty-Third Respondent TRINITY HOPE INVESTMENT LIMITED Twenty-Fourth Respondent FLATBUSH LAND LIMITED Twenty-Fifth Respondent HIU CHING CHAN Twenty-Sixth Respondent

Court:	Miller and Brown JJ
Counsel:	Applicant in person R O Parmenter for First to Seventeenth and Nineteenth Respondents No appearance for Eighteenth and Twentieth to Twenty-Sixth Respondents
Judgment: (On the papers)	22 November 2023 at 11.00 am

JUDGMENT OF THE COURT

AThe application for leave to appeal is declined.

BThere is no order as to costs.

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REASONS OF THE COURT

(Given by Brown J)

1. In a judgment dated 9 December 2022 Venning J declined an application by Mr Xing to vary an interim injunction order.[1]

   [1]Li v Green Land Investment Ltd [2022] NZHC 3321.

2. Mr Xing’s application to the High Court under s 56(3) of the Senior Courts Act 2016 for leave to appeal from that judgment was declined.[2]  Mr Xing applied to this Court under s 56(5) for leave to appeal.

   [2]Li v Green Land Investment Ltd [2023] NZHC 261.

3. A joint memorandum dated 1 November 2023 has been filed, signed by Mr Xing and Mr Parmenter (counsel for the first to seventeenth and nineteenth respondents).  The memorandum advises that Mr Xing and Mr Parmenter’s clients have reached a global settlement of most of the matters in contention.  Mr Xing seeks leave to withdraw his application for leave to appeal with no order as to costs.  Mr Parmenter consents on behalf of his clients.

4. In these circumstances the application for leave to appeal is declined.  We make no order as to costs.

Solicitors:
Carson Fox Bradley Ltd, Auckland for First to Seventeenth and Nineteenth Respondents