Fei v Hexin Pty Ltd

Fei filed an application for leave to appeal against Hexin Pty Ltd in the Supreme Court, seeking to overturn the judge's decision on preliminary discovery orders for two projects, the Chapel Road Project and the Magnolia Project. The respondents, Hexin and LD3, cross-applied for leave to appeal the judge's refusal of preliminary discovery in relation to the Church Road Project. The central issue was whether the judge's decision to grant or refuse preliminary discovery would result in substantial injustice to the parties if left undisturbed.

The court considered whether the applicants would suffer substantial injustice if the orders for preliminary discovery were left undisturbed, whether there was reasonable cause to believe that the respondents may be entitled to relief, and whether the judge disclosed a clear path of reasoning to her conclusions. The court also examined whether the judge erred in finding no relevant contractual relationship upon which the right to relief could be founded in relation to the Church Road Project.

After analysing the submissions and the relevant legal principles, the court determined that there was no substantial injustice if the orders for preliminary discovery were left undisturbed. The court found that the applicants for preliminary discovery were not required to specify the cause of action that grounds the right to relief, and there was no error in the judge's finding that the applicants may be entitled to relief. The court also concluded that the judge had disclosed a clear path of reasoning to her conclusions. As a result, leave to appeal was refused for both parties.

The court made no orders for costs against either party in relation to the applications for leave to appeal.