Winau Australia Pty Ltd v LCC Property Development Pty Ltd (No 2) [2021] NSWSC 1361

Winau Australia Pty Ltd v LCC Property Development Pty Ltd (No 2) [2021] NSWSC 1361

There are real and triable questions as to the authority of persons alleged to bind LCC Property, the nature and evidence of the alleged trust agreements, and the construction of documents referred to; the evidence does not meet the high threshold for summary judgment, thus the application must be dismissed.

Parties
First Plaintiff / First Applicant: Winau Australia Pty Ltd; Second Plaintiff / Second Applicant: Shunjiyuan Investments Pty Ltd; Third Plaintiff: 183 Eastwood Pty Ltd ATF Eastwood Unit Trust; Fourth Plaintiff / Third Applicant: Junde Hong; First Defendant: LCC Property Development Pty Ltd; Second Defendant: Scott Chan; Third Defendant: Ippin Textiles Pty Ltd; Fourth Defendant: Jia He Family Investments Pty Ltd; Fifth Defendant: M Wang Family Pty Ltd; Sixth Defendant: CK Consulting Pty Ltd; Seventh Defendant: L'Orient Legal Pty Ltd
Jurisdiction
Australia
Judgment Date
15 October 2021
Procedural Posture
Summary Judgment Application in Equity Proceedings / Ruling on Notice of Motion for Summary Judgment
Outcome
Application for summary judgment dismissed with costs.
Legal Topics
Summary Judgment, Trusts, Declaratory Relief
Civil Procedure Summary Judgment Trusts Declaratory Relief

Case Brief

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Parties

Winau Australia Pty Ltd

First Plaintiff / First Applicant

Shunjiyuan Investments Pty Ltd

Second Plaintiff / Second Applicant

183 Eastwood Pty Ltd ATF Eastwood Unit Trust

Third Plaintiff

Junde Hong

Fourth Plaintiff / Third Applicant

LCC Property Development Pty Ltd

First Defendant

Scott Chan

Second Defendant

Ippin Textiles Pty Ltd

Third Defendant

Jia He Family Investments Pty Ltd

Fourth Defendant

M Wang Family Pty Ltd

Fifth Defendant

CK Consulting Pty Ltd

Sixth Defendant

L'Orient Legal Pty Ltd

Seventh Defendant

Procedural Posture

Summary Judgment Application in Equity Proceedings / Ruling on Notice of Motion for Summary Judgment

Legal Issues

  1. 1 Whether summary judgment should be granted in favour of the applicants for declaratory and consequential relief that units in a trust are held by the first defendant on trust for the applicants
  2. 2 Whether the parties entered into binding agreements giving rise to trust arrangements
  3. 3 Whether sufficient evidence exists to establish authority and trust claims

Ratio Decidendi

There are real and triable questions as to the authority of persons alleged to bind LCC Property, the nature and evidence of the alleged trust agreements, and the construction of documents referred to; the evidence does not meet the high threshold for summary judgment, thus the application must be dismissed.

Court Disposition

Application for summary judgment dismissed with costs.

Orders

  • Dismiss the notice of motion for summary judgment filed by the first, second and fourth plaintiffs on 8 June 2021.
  • Order the first, second and fourth plaintiffs to pay the costs of the notice of motion on an ordinary basis.