DONG QIAN v JIAQING DONG [2022] NZHC 378

DONG QIAN v JIAQING DONG [2022] NZHC 378

Leave was granted for the third defendant to apply for summary judgment after filing a statement of defence because the delay was satisfactorily explained and plaintiffs did not oppose leave; however the substantive summary judgment was dismissed because the defendant did not discharge the onus under r 12.2(2) — material disputes of fact, issues of credibility and documentary gaps meant the plaintiffs' causes of action could not be shown incapable of success and required trial.

Citation
[2022] NZHC 378
Parties
First Plaintiff: Dong Qian; Second Plaintiff: GRZ Properties Limited; First Defendant: Jiaqing Dong; Second Defendant: NAC International Trading Limited; Third Defendant: Yu Wen; Fourth Defendant: Yu Homes Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 March 2022
Procedural Posture
Civil Property/equity Dispute / Interlocutory — Application for Leave to File Defendant's Summary Judgment and Substantive Defendant's Summary Judgment
Outcome
Third defendant granted leave to apply for summary judgment after filing statement of defence; substantive application for defendant's summary judgment dismissed; costs awarded to plaintiffs on a 2B basis.
Legal Topics
Summary Judgment, Constructive Trust, Knowing Receipt, Conspiracy to Injure by Unlawful Means, Caveat, Leave to Bring Interlocutory Application, Costs
Equity Trusts Property Law Civil Procedure Summary Judgment Constructive Trust Knowing Receipt Conspiracy to Injure by Unlawful Means +3 more

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Parties

Dong Qian

First Plaintiff

GRZ Properties Limited

Second Plaintiff

Jiaqing Dong

First Defendant

NAC International Trading Limited

Second Defendant

Yu Wen

Third Defendant

Yu Homes Limited

Fourth Defendant

Procedural Posture

Civil Property/equity Dispute / Interlocutory — Application for Leave to File Defendant's Summary Judgment and Substantive Defendant's Summary Judgment

Legal Issues

  1. 1 Whether leave should be granted under High Court Rules to a defendant to file an interlocutory summary judgment application after filing a statement of defence
  2. 2 Whether the third defendant satisfied r 12.2(2) High Court Rules 2016 that none of the plaintiff's causes of action can succeed
  3. 3 Whether factual disputes, credibility and authenticity issues preclude summary determination

Ratio Decidendi

Leave was granted for the third defendant to apply for summary judgment after filing a statement of defence because the delay was satisfactorily explained and plaintiffs did not oppose leave; however the substantive summary judgment was dismissed because the defendant did not discharge the onus under r 12.2(2) — material disputes of fact, issues of credibility and documentary gaps meant the plaintiffs' causes of action could not be shown incapable of success and required trial.

Court Disposition

Third defendant granted leave to apply for summary judgment after filing statement of defence; substantive application for defendant's summary judgment dismissed; costs awarded to plaintiffs on a 2B basis.

Orders

  • Leave granted to third defendant to bring interlocutory application for summary judgment after filing statement of defence
  • Application for defendant's summary judgment by third defendant dismissed