Event and Time
Event Description
A notice of motion was filed by the plaintiff seeking to set aside an order made on 31 May 2021, which allowed for the release of $100,000 to the second defendant, Ying (Emma) Guan. This motion was based on claims regarding a misrepresentation of counsel's submissions during the previous judgment, and it was heard in the Supreme Court of New South Wales.
Application and Claims
- Plaintiff's Claims:
- The plaintiff claimed that the summary of their submissions in the previous judgment was incorrect. - They sought to set aside the order allowing the release of funds, arguing that the case had not been fully determined.
- Defendant's Claims:
- The defendants contested the plaintiff's assertions, arguing for the release of the funds without additional delay.
Judicial Decisions
1. The notice of motion was returnable on 4 June 2021, and the time for service was abridged. 2. The motion was dismissed. 3. The previous order regarding the release of the $100,000 was stayed until 8 June 2021. 4. The plaintiff was ordered to pay the defendants' costs for the motion.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- Insisted that there was a clerical error in the previous judgment regarding the content of submissions. - Claimed that the order was not justified since there was no evidence of the second defendant's financial need. - Mentioned the potential for an appeal if the motion was not granted.
- Defendants' Arguments:
- Underscored that the plaintiff's motion was essentially a back-door attempt at an appeal. - Asserted that there was no urgency demonstrated in delaying the release of funds. - Argued a clear connection between the funds and their legal status based on the nature of the restraining order.