Chen v Lin; Lin v Chen
[2023] NSWDC 211
At a glance
Source factsCourt
District Court of NSW
Decision date
2021-02-18
Before
Mr J, Mr P
Source
Original judgment source is linked above.
Judgment (14 paragraphs)
Introduction
- Qian Chen and Li Lin were friends. From time to time, they lent money to each other. They both had business interests in Australia and to some extent in China. Money was also moved between companies that the parties had an interest in, and payments were made to a number of third parties. Various amounts were paid by each party in reduction of their accepted indebtedness.
- Their relationship broke down after Ms Lin alleged she was assaulted by Mr Chen. A number of proceedings were commenced to sort out a final reconciliation of amounts owing between them. I will refer to the parties by their names to avoid confusion as they have each been a plaintiff or a defendant at different points in time.
- The hearing commenced on 18 February 2021. The proceedings were adjourned when it became apparent that the criminal proceedings relating to Ms Lin's allegations had not been finalised, in fact at that time they were listed for hearing at Hornsby Local Court. The matter was relisted for hearing on 12 December 2022. In the meantime, Mr Chen had pleaded guilty to criminal charges against him relating to the allegations made by Ms Lin and been sentenced in the Local Court. The matter was also delayed by bankruptcy proceedings that had been brought, but subsequently resolved, against one of the parties.
- By the end of the hearing, there was considerable common ground between the parties and the issues were narrowed considerably. Mr Chen accepted that he was indebted to Ms Lin for the amounts that she claimed but claimed a set off for the amounts that she owed him. Ms Lin denied that she owed the money claimed by Mr Chen.
- The following matters were left in dispute.