Yin Chen Email & Phone Number

Sydney, New South Wales, Australia

Primary areas of practice:Dispute Resolution, Commercial Litigation, and Business Investment and Transactions;Selected cases:Supreme Court of NSW1. Lindvest DM Pty Ltd v CPDM Pty Ltd [2020] NSWSC 1290 (22 September 2020)Whether it is an abuse of process of the Court for a party to commence and prosecute proceedings against judgment creditor seeking to vindicate its alleged rights under the underlying construction contract in exercise of rights preserved by s 32 of the Act without paying into Court the amount of the judgment? The Court's view is "No".2. PNJ Investment Holding Pty Ltd v ST.K Family Pty Ltd atf ST.K Family Trust [2021] NSWSC 530Successfully defended the interlocutory injunction - whether injunction should be granted on the balance of convenience and the issues raised regarding the adequacy of the undertaking as to damages proffered by the cross-claimant.

Suite 144, 416-418 Pitt Street, Sydney Nsw 2000

Selected cases:NSW Court of Appeal1. New Galaxy Investments Pty Ltd v Thomson & Ors [2017] NSWCA 153 (23 June 2017)Appeal - the scope of S 74P of the Real Property Act (NSW) in the situation where a party voluntarily made money contributed to the purchase price of the land, therefore, entitled the party to lodge and maintain a caveat.Supreme Court of NSW2. Di Palma v Chimmalee [2019] NSWSC 864Whether certain pleadings should be struck out pursuant to UCPR rr 14.28 (Procedural), whether the plaintiffs be allowed a final opportunity to replead.3. Hume Plasterboard Pty Ltd v Brilliant Interiors Pty Limited [2019] NSWSC 679Whether the guarantee by third defendant/cross-claimant is void and unenforceable by unconscionable conduct.4. Ng v Cheng [2019] NSWSC 280Whether the second cross-defendant application pursuant to r 13.4 UCPR for summary dismissal should be dismissed with indemnity costs; whether the offer of compromise was genuine and whether it was unreasonable for second cross-defendant not to accept the offer.5. Bradley Mark Lum v MV Developments (Lane Cove) Pty Limited (in liquidation) [2018] NSWSC 247 (8 March 2018)Whether a contract is valid and enforceable and therefore order for specific performance is available under s 54A Conveyancing Act 1919.6. Lum v M V Developments (Lane Cove) Pty Limited (in liquidation) [2016] NSWSC 1248 (7 September 2016)Mediation and ISC (Appeared for Gold Stone Capital Pty Limited) - Whether conduct of liquidators unreasonable in the proceedings against company in liquidation.Federal Circuit Court of Australia 7. Ma & Anor v Minister for Home Affairs and AnorWhether the Respondents erred in exercising discretion to cancel the Applicant's visa under s109(1) of the Migration Act 1958 (Cth) due to a misapplication of s 2.41(c) of Migration Regulations 1994 (Cth).(Respondents conceded jurisdictional error).

Juris Doctor (J.D.), Law

Master'S Degree, International Business, Trade, And Tax Law