Zhang v Zhang (No 2) [2022] NSWSC 970

Zhang v Zhang (No 2) [2022] NSWSC 970

The agreed loan interest rate was 3.95% per annum and, although the conversation did not expressly address commencement of interest, it was implied from Ran's circumstances with ANZ that interest would run from the date of advance; alternatively, interest should be allowed under s 100(1) of the Civil Procedure Act 2005 (NSW) from and including the date of advance. Ran succeeded on her claim against Jing and there was no reason to depart from the ordinary rule that costs, including interpretation costs, follow the event. Jian jian was not entitled to costs against Jing on Ran's statement of claim because, after consenting to default judgment, there was no obvious need for his continued...

Jurisdiction
Australia
Judgment Date
22 July 2022
Procedural Posture
Consequential Orders in Equity Proceedings Concerning Repayment of a Loan / On the Papers After Primary Judgment; Determination of Interest, Costs, Double Recovery Issue and Cross Claim Procedural Matters
Outcome
Judgment for the Plaintiff against the Second Defendant; declarations made charging property proceeds; Second Defendant ordered to pay the Plaintiff's costs on the ordinary basis; First Defendant's application for costs against the Second Defendant on the Plaintiff's statement of claim rejected; cross-claim remains...
Legal Topics
['calculation of Contractual Interest on a Loan' 'pre Judgment Interest' 'post Judgment Interest' 'costs Following the Event' 'rule Against Double Recovery or Double Satisfaction' 'charging Order Over Property Proceeds' 'separate Determination of Cross Claim']
['costs' 'interest' 'judgments and Orders' 'equity'] ['calculation of Contractual Interest on a Loan' 'pre Judgment Interest' 'post Judgment Interest' 'costs Following the Event' 'rule Against Double Recovery or Double Satisfaction' 'charging Order Over Property Proceeds' 'separate Determination of Cross Claim']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Consequential Orders in Equity Proceedings Concerning Repayment of a Loan / On the Papers After Primary Judgment; Determination of Interest, Costs, Double Recovery Issue and Cross Claim Procedural Matters

Legal Issues

  1. 1 ['Whether interest on the loan should be calculated at 3.95% per annum from 31 August 2018 to 22 July 2022, including the date of advance and the date of judgment.' 'Whether post-judgment interest on the charged sum should accrue from 23 July 2022 pursuant to s 101 of the Civil Procedure Act 2005 (NSW).' "Whether Jing should pay Ran's costs of the proceedings on the ordinary basis, including interpretation costs." "Whether Jing should pay Jian jian's costs of the proceedings on Ran's statement of claim." 'Whether judgment against Jing should be for the full amount claimed despite an existing judgment against Jian jian, having regard to the rule against double recovery or double satisfaction.' "Whether issues raised by Jing concerning Jian jian's cross-claim should be determined at this stage."]

Ratio Decidendi

The agreed loan interest rate was 3.95% per annum and, although the conversation did not expressly address commencement of interest, it was implied from Ran's circumstances with ANZ that interest would run from the date of advance; alternatively, interest should be allowed under s 100(1) of the Civil Procedure Act 2005 (NSW) from and including the date of advance. Ran succeeded on her claim against Jing and there was no reason to depart from the ordinary rule that costs, including interpretation costs, follow the event. Jian jian was not entitled to costs against Jing on Ran's statement of claim because, after consenting to default judgment, there was no obvious need for his continued...

Court Disposition

Judgment for the Plaintiff against the Second Defendant; declarations made charging property proceeds; Second Defendant ordered to pay the Plaintiff's costs on the ordinary basis; First Defendant's application for costs against the Second Defendant on the Plaintiff's statement of claim rejected; cross-claim remains...

Orders

  • ['Judgment for the Plaintiff against the Second Defendant in the sum of $264,530.25.' 'Declare that the property known as [redacted] Wolli Creek, NSW 2205 and being all of the land in certificate of title folio identifier [redacted], and the proceeds of sale thereof, was charged by the Defendants with repayment to...