Event and Time
Event Description
The case involves an appeal filed by Ms. Lao (the appellant), the mother of the wife, against a litigation funding order made by the Family Court on behalf of Mr. Zeng (the first respondent), the husband, concerning property settlements and the setting aside of transactions believed to adversely affect the husband’s rights.
Application and Claims
- Appellant (Ms. Lao) claims:
- She is a disinterested third party in the financial matters between her daughter (the wife) and Mr. Zeng (the husband). - The transactions undertaken during the critical time were legitimate and intended to preserve family assets. - She contests the funding order on grounds that it should not apply to her, as her actions do not warrant such an order against her involvement.
- Respondent (Mr. Zeng) argues:
- The appellant has actively participated in transactions aimed at diminishing the husband’s share of family assets during the marriage. - The wife and the appellant engaged in dealings that excluded him as a beneficiary, impacting his financial interests. - The funding order is justified as it allows Mr. Zeng to meet legal expenses in seeking a fair property settlement against the impugned transactions.
Judicial Decisions
- The Full Court granted leave to appeal on the procedural basis but ultimately dismissed the appeal.
- The orders made by the primary judge on 25 June 2020 were initially stayed but later confirmed.
- The appellant was ordered to pay the respondent's costs amounting to $26,557.65.
Dispute Points and Legal Basis
Dispute Points
- Basis of Appellant’s Claims:
- Asserting that the transactions were not meant to defraud the husband; instead, they were routine adjustments within family financial management. - Portraying herself as unrelated to the marital conflict and voicing concern over her treated role in the transactions.