Zhong v Wu

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.

CaseChat Overview and Summary

Xing Zhong has brought an application to the High Court of New Zealand seeking to stay proceedings that have been brought against him by various respondents in relation to caveats over certain properties. The respondents in the various proceedings are Xiaoqing Wu, Eryun Cao, Sam C S Ngu, Nikul Pansila, and Churton Hart and Divers Limited. The applications have been brought before the Court under the Land Transfer Act 2017. The legal issues before the Court were whether the applications to stay the proceedings were well-founded, and whether the caveats over the various properties should be removed. The Court found that the applications to stay the proceedings were misconceived. The Court found that the proceedings before it were originating applications to remove the caveats, and that the Court’s determination that there was an arguable caveatable interest determined the applications. The caveats therefore remained in place, and there was nothing to stay. The Court dismissed the applications to stay the proceedings in each case. The Court found that Mr Zhong’s remedy was to pursue appeals to the Court of Appeal.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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