Yang v Yang [2017] NSWSC 603

Yang v Yang [2017] NSWSC 603

The Statement of Claim sufficiently discloses facts which, if established, would justify equitable relief, potentially both proprietary and non-proprietary. It cannot be concluded at this stage that the plaintiffs would not be entitled to relief, and the application for summary dismissal or strike-out must be dismissed.

Parties
Applicant/defendant: Lijuan Yang; First Respondent/first Plaintiff: Chunting Yang; Second Respondent/second Plaintiff: Shimei Wang
Jurisdiction
Australia
Judgment Date
05 May 2017
Procedural Posture
Equity Proceeding / Application for Summary Dismissal And/or Strike Out on Notice of Motion
Outcome
Notice of Motion dismissed; no order as to costs of proceedings on that Motion.
Legal Topics
Maxims, Fiduciary Duty, Proprietary Relief, Tracing, Account of Profits, Equitable Compensation
Equity Maxims Fiduciary Duty Proprietary Relief Tracing Account of Profits Equitable Compensation

Case Brief

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Parties

Lijuan Yang

Applicant/defendant

Chunting Yang

First Respondent/first Plaintiff

Shimei Wang

Second Respondent/second Plaintiff

Procedural Posture

Equity Proceeding / Application for Summary Dismissal And/or Strike Out on Notice of Motion

Legal Issues

  1. 1 Whether the plaintiffs' statement of claim discloses facts sufficient for the grant of equitable relief
  2. 2 Whether the plaintiffs are entitled to proprietary relief, tracing, account of profits, or equitable compensation
  3. 3 Whether the first plaintiff can do equity by assuming liabilities (e.g., mortgages)

Ratio Decidendi

The Statement of Claim sufficiently discloses facts which, if established, would justify equitable relief, potentially both proprietary and non-proprietary. It cannot be concluded at this stage that the plaintiffs would not be entitled to relief, and the application for summary dismissal or strike-out must be dismissed.

Court Disposition

Notice of Motion dismissed; no order as to costs of proceedings on that Motion.

Orders

  • The defendant's notice of motion filed 14 December 2016 is dismissed.
  • No order as to costs of the proceedings on that motion.