Hua Cheng International Holdings Group Pty Ltd (Receivers & Managers Appointed) (In Liquidation) v James Hui Xiao Xu [2020] NSWSC 922

Hua Cheng International Holdings Group Pty Ltd (Receivers & Managers Appointed) (In Liquidation) v James Hui Xiao Xu [2020] NSWSC 922

The third defendant was liable for mesne profits because she remained in possession of Lot 10 without right after the contract for sale was terminated and the required date to vacate passed, and the calculation of those profits was properly based on market rent less a reasonable vacancy allowance.

Parties
First Plaintiff: Hua Cheng International Holdings Group Pty Ltd (Receivers & Managers Appointed) (in Liquidation); Second Plaintiff: Super Vision Resources Ltd (BVI Registered No 1810534); First Defendant: James Hui Xiao Xu; Second Defendant: Thomas Xi Yao Xu; Third Defendant: Caiwei Xu; Fourth Defendant: Qiao Wang; Fifth Defendant: Samuel Jiang
Jurisdiction
Australia
Judgment Date
20 July 2020
Procedural Posture
Equity Commercial List / Judgment After Hearing on Unopposed Claim for Mesne Profits
Outcome
Judgment for the first plaintiff against the third defendant for mesne profits, interest, and costs.
Legal Topics
Mesne Profits, Possession of Land, Damages, Costs
Land Law Civil Procedure Mesne Profits Possession of Land Damages Costs

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Parties

Hua Cheng International Holdings Group Pty Ltd (Receivers & Managers Appointed) (in Liquidation)

First Plaintiff

Super Vision Resources Ltd (BVI Registered No 1810534)

Second Plaintiff

James Hui Xiao Xu

First Defendant

Thomas Xi Yao Xu

Second Defendant

Caiwei Xu

Third Defendant

Qiao Wang

Fourth Defendant

Samuel Jiang

Fifth Defendant

Procedural Posture

Equity Commercial List / Judgment After Hearing on Unopposed Claim for Mesne Profits

Legal Issues

  1. 1 Whether the third defendant, Caiwei Xu, is liable in mesne profits to the first plaintiff for remaining in possession of Lot 10 after termination of the contract for sale and required date to vacate.

Ratio Decidendi

The third defendant was liable for mesne profits because she remained in possession of Lot 10 without right after the contract for sale was terminated and the required date to vacate passed, and the calculation of those profits was properly based on market rent less a reasonable vacancy allowance.

Court Disposition

Judgment for the first plaintiff against the third defendant for mesne profits, interest, and costs.

Orders

  • Leave granted to the first plaintiff to file the Amended Summons dated 20 July 2020.
  • Judgment for the first plaintiff against the third defendant in the amount of $48,214.00 plus interest of $4,623.05.