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Monday, 17 November 2014

Executive Summary (One Minute Read)
Ke Qin Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd (in liq) (NSWCA) - summary judgment - failure to apply correct test - appeal allowed - matter remitted
Summaries With Link (Five Minute Read)
Ke Qin Ren v Hong Jiang; Yi Cheng Jiang v Wan Ze Property Development (Aust) Pty Ltd (in liq) [2014] NSWCA 388
Court of Appeal of New South Wales
Barrett, Gleeson & Leeming JJA
Summary judgment - primary judge entered summary judgment against applicants who, together with former solicitor, had shown egregious disregard of Court's pre-trial directions and obligations under ss56(3) &(4) Civil Procedure Act 2005 (NSW) - applicants sought leave to appeal - held: notwithstanding defendants' defaults, it was a clear case of error - primary judge failed to apply correct test, and made no reference to evidence before him - primary judge not directed to correct test or to the salient evidence - if primary judge had received appropriate assistance, summary judgment would not have been ordered - no substance in respondents' motion that leave should be refused for discretionary reasons said to amount to an abuse of process - leave granted to appeal - appeals allowed - summary judgment set aside.
Ke Qin Ren