Huang v Hua Cheng International Group Pty Ltd

The applicants, Huang and others, sought leave to appeal a decision of Darke J in the Supreme Court of New South Wales, which had dismissed their proceedings against Hua Cheng International Group Pty Ltd and ordered them to pay costs. The primary dispute concerned whether the applicants' proceedings had been abandoned, a determination made by Darke J in circumstances where the applicants had failed to attend scheduled hearings.

The key legal issues before the Court of Appeal were whether the applicants' proceedings had been validly abandoned, and consequently, whether the costs order made by the primary judge was appropriate. Additionally, the applicants required leave to proceed against Hua Cheng International Holdings Group Pty Ltd, a company in liquidation, pursuant to section 500(2) of the Corporations Act 2001 (Cth), and leave to appeal the dismissal of their proceedings.

The Court of Appeal reasoned that the failure of the applicants to attend hearings, particularly after their solicitor had ceased to act for them and they had not been notified of the hearings, did not constitute evidence of abandonment of their proceedings. The court noted that the late tender of evidence was a separate issue from abandonment. The court granted leave to proceed against the company in liquidation *nunc pro tunc* and granted leave to appeal.

The appeal was allowed, and the order of Darke J dismissing the proceedings and the associated costs order were set aside. No order was made as to the costs of the appeal.