Zhong v Wu
[2023] NZHC 439
•9 March 2023
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2022-404-001822
[2023] NZHC 439
UNDER The Land Transfer Act 2017 BETWEEN
XING ZHONG
Applicant
AND
XIAOQING WU
First Respondent
TOWER LAW LIMITED
Second Respondent
CIV-2022-404-001823 UNDER
The Land Transfer Act 2017
BETWEEN
XING ZHONG
Applicant
AND
ERYUN CAO
First Respondent
SAM C S NGU
Second Respondent…/2 cont’d
Hearing: (On the papers) Judgment:
9 March 2023
JUDGMENT OF VENNING J
This judgment was delivered by me on 9 March 2023 at 11.00 am, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
ZHONG v WU & ORS [2023] NZHC 439 [9 March 2023]
CIV-2022-404-001942 UNDER
The Land Transfer Act 2017
BETWEEN
XING ZHONG
Applicant
AND
NIKUL PANSILA
First Respondent
CHURTON HART AND DIVERS LIMITED
Second Respondent
Solicitors: Carson Fox Bradley Ltd, Auckland Counsel: R O Parmenter, Auckland
Copy to: Applicant
[1] In a judgment delivered on 9 December 20221 this Court dismissed Mr Zhong’s application to remove caveats which the respondents had lodged against properties described in the caveat. Mr Zhong represented himself.
[2] Mr Zhong continues to represent himself. He has now filed separate applications to stay the proceeding in each case.
[3] Mr Zhong’s applications to stay the proceedings are misconceived. As noted, the applications before the Court were his originating applications to remove the caveats lodged by the respondents. The Court’s determination that there was an arguable caveatable interest determined the applications. The caveats therefore remain. Subject to Mr Zhong’s right of appeal the proceedings in this Court are at an end. There is nothing to stay. Mr Zhong’s remedy is to pursue appeals to the Court of Appeal.
Result
[4]The applications for stay in each case are dismissed.
Venning J
1 Zhong v Wu & Ors [2022] NZHC 3322.