21 December 2017

Land: Young v. Zhang

Murinda Ying was ordered to pay $7500 for contempt of court after flouting a court order by having her property company sell a Papatoetoe house twice over to escape a prior sale she wanted to get out of.  Her company also had to surrender all profit made on the second sale.  
Hsiang-Fen Ying, also known as Murinda Ying, was the sole shareholder and director of King David Investments Ltd, now in liquidation.  King David owned properties in south Auckland.
Ms Ying regretted signing up in April 2013 to sell King David’s  Papatoetoe property in Hoteo Avenue to Zie Zhang for $399,000.  Ms Zhang sued to enforce the contract.  Her right to ownership was finalised by an out-of court agreement.  This agreement was filed in court giving it the status of a court order.  It required King David to complete the sale to Ms Zhang with Ms Zhang having to pay only $179,000 all-up.  Ms Ying refused to perform.  She said the out-of-court agreement was all a misunderstanding: she was jet-lagged during negotiations, she did not properly appreciate its terms and the interpreter present did not properly translate the document.  Both the High Court and the Court of Appeal ruled the out-of-court agreement was enforceable.
When Ms Zhang learnt Ms Ying’s company subsequently sold Hoteo Avenue to someone else for $655,000 she applied to have Ms Ying arrested for contempt of court.  The High Court was told King David had sold off its assets: Hoteo Avenue was sold to an unsuspecting third party (who has legal ownership) and a second property at Wintere Road, Papatoetoe, was gifted to a family trust (which in turn was selling to another third party).
Ms Ying was held to be in contempt of court and ordered to pay a fine of $10,000.  This fine was reduced to $7500 by the Court of Appeal.  It was her company, King David Investments, which was in contempt by refusing to complete the sale to Ms Zhang.  Ms Ying was liable for criminal contempt as an accessory; aiding and abetting her company in its refusal to comply with the court order.
The Court of Appeal was told Ms Ying paid $550,000 into court following the sale of Wintere Road.  Ms Zhang was paid $506,000 out of these funds being the profits King David made on the second sale.
Young v. Zhang – Court of Appeal (21.12.17)

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