CHIU CHUI-I, TIEN CHUNG CHING, LIN CHE-WEN, LIN YEOU-LUNG, LIN CHAO TANG, CHEN TANG "BY HIS LITIGATION GUARDIAN" CHIU MEI CHEN, HO SUEI LAI AND YANG PEI CHI V TANG SHUO DEVELOPMENT CO LIMITED AND ANOR HC WN CIV-2006-485-1824

CHIU CHUI-I, TIEN CHUNG CHING, LIN CHE-WEN, LIN YEOU-LUNG, LIN CHAO TANG, CHEN TANG "BY HIS LITIGATION GUARDIAN" CHIU MEI CHEN, HO SUEI LAI AND YANG PEI CHI V TANG SHUO DEVELOPMENT CO LIMITED AND ANOR HC WN CIV-2006-485-1824

The court granted leave to issue and entered summary judgment for the applicant plaintiffs against the first defendant for the specified monetary sums and interest because the first defendant consented to those orders subject to conditions set by the Court of Appeal; the summary judgment was made conditional on the plaintiffs filing undertakings and affidavits demonstrating assets and agreeing to repay sums if the share certificates were proven forged or false.

Citation
openlaw-40315f72_b9f2_4c10_bef3_b4673b16d959.pdf
Parties
Plaintiff: CHIU CHUI-I; Plaintiff: TIEN CHUNG CHING; Plaintiff: LIN CHE-WEN; Plaintiff: LIN YEOU-LUNG; Plaintiff: LIN CHAO TANG; Plaintiff: CHEN TANG BY HIS LITIGATION GUARDIAN CHIU MEI CHEN; Plaintiff: HO SUEI LAI; Plaintiff: YANG PEI CHI; First Defendant: TANG SHUO DEVELOPMENT CO LIMITED; Second Defendant: KENSINGTON SWAN
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 August 2009
Procedural Posture
Civil Proceedings Summary Judgment Application / Summary Judgment Granted; Interlocutory Matters Pending
Outcome
Leave granted to issue summary judgment; summary judgment granted to the applicant plaintiffs against the first defendant in specified sums and interest conditional on undertakings and affidavits; solicitor Anthony Liew declared to have ceased as solicitor on record; costs reserved; discovery hearing fixed.
Legal Topics
Summary Judgment, Leave to Issue Summons, Undertaking, Interest, Costs, Discovery, Solicitor Withdrawal, Address for Service
Civil Procedure Contract Law Company/corporate Law Evidence Summary Judgment Leave to Issue Summons Undertaking Interest +4 more

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Parties

CHIU CHUI-I

Plaintiff

TIEN CHUNG CHING

Plaintiff

LIN CHE-WEN

Plaintiff

LIN YEOU-LUNG

Plaintiff

LIN CHAO TANG

Plaintiff

CHEN TANG BY HIS LITIGATION GUARDIAN CHIU MEI CHEN

Plaintiff

HO SUEI LAI

Plaintiff

YANG PEI CHI

Plaintiff

TANG SHUO DEVELOPMENT CO LIMITED

First Defendant

KENSINGTON SWAN

Second Defendant

Procedural Posture

Civil Proceedings Summary Judgment Application / Summary Judgment Granted; Interlocutory Matters Pending

Legal Issues

  1. 1 Whether leave to issue summary judgment proceedings should be granted
  2. 2 Whether summary judgment should be entered against the first defendant
  3. 3 Whether conditions should be attached to the summary judgment consistent with the Court of Appeal order of 21 May 2009

Ratio Decidendi

The court granted leave to issue and entered summary judgment for the applicant plaintiffs against the first defendant for the specified monetary sums and interest because the first defendant consented to those orders subject to conditions set by the Court of Appeal; the summary judgment was made conditional on the plaintiffs filing undertakings and affidavits demonstrating assets and agreeing to repay sums if the share certificates were proven forged or false.

Court Disposition

Leave granted to issue summary judgment; summary judgment granted to the applicant plaintiffs against the first defendant in specified sums and interest conditional on undertakings and affidavits; solicitor Anthony Liew declared to have ceased as solicitor on record; costs reserved; discovery hearing fixed.

Orders

  • Leave is granted to the applicant plaintiffs to issue summary judgment proceedings against the first defendant Tang Shuo Development Co Limited.
  • Summary judgment is granted to the applicant plaintiffs against the first defendant Tang Shuo Development Co Limited in the sum of $70,000.00 payable from 18 September 2000.