Wei Hu alleges he was defrauded by foreign currency dealer Chunglin Yu. He now has a further problem; she is detained in prison in China.
The High Court ruled Dr Hu had to sue in the China courts. That created yet another complication; if successful, he would face difficulties enforcing any decision made by China courts in New Zealand to seize the one asset Ms Yu appears to have in this country, a property in Auckland suburb Dannemora. The High Court refused a freezing order over Dannemora.
Dr Hu appealed. He cannot take legal action in China, he said. Government policy in China does not allow private citizens to sue for losses following financial scams, he claims.
Ms Yu said she cannot attend any trial in New Zealand because she is in prison. Her imprisonment similarly causes difficulties for any court hearing in China, the New Zealand Court of Appeal pointed out.
There is no point in requiring Dr Hu to sue in China should his case not be accepted by courts in that country, the Court of Appeal said.
Meanwhile, the Court of Appeal imposed a freezing order over Dannemora. The case was returned to the High Court to allow any challenge by Ms Yu to the freezing order.
Hu v. Yu – Court of Appeal (27.04.22)
22.076