Jiang v Han (No 2) - [2025] NSWSC 48

Supreme Court

New South Wales

Amendment notes

Medium Neutral Citation: Jiang v Han (No 2) [2025] NSWSC 48
Hearing dates: 7 February 2025
Date of orders: 13 February 2025
Decision date: 13 February 2025
Jurisdiction: Common Law
Before: Schmidt AJ
Decision:
(1) The cross-claimants’ motion is dismissed.
(2) Pursuant to r 42.21(1) of the Uniform Civil Procedure Rules 2005 (NSW), the cross-claimants are to provide further security for the cross-defendant’s costs of the amended cross-claim in the sum of $185,000.00 within 14 days, such security to be provided by way of:
(a) Payment into court;
(b) An unconditional bank guarantee, in a form acceptable to the cross-defendant, from an authorised deposit-taking institution within the meaning of the Banking Act1959 (Cth); or
(c) Such other method ordered by the Court.
(3) In the event that the security ordered is not provided within the time specified, that the cross-claim be stayed until further order.
(4) The cross-claimants are to pay the cross-defendant’s costs of the motions, as agreed or assessed.

Catchwords:
CIVIL PROCEDURE – application to set aside a notice to produce documents and a subpoena to produce documents – where parties have not served evidence ordered by court – where defendant claims that evidence is not materially relevant, lacks a legitimate forensic purpose and may breach confidentiality – application dismissed
CIVIL PROCEDURE – costs – application for further security for costs – where material change in circumstances established – where considerably longer hearing fixed – where damages sought considerably increased – where defendant is in breach of the Court’s orders to serve evidence –further security ordered

Legislation Cited:
Banking Act1959 (Cth)
Civil Procedure Act 2005 (NSW), ss 56, 56(3), 57(1), 58(2)
Competition and Consumer Act2010 (Cth)
Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 18
Corporations Act 2001(Cth), s 201A
Limitation Act1969 (NSW)
Uniform Civil Procedure Rules 2005 (NSW), rr 14.7, 14.8

Cases Cited:
Brundza v Robbie & Co (No 2) (1952) 88 CLR 171; [1952] HCA 49
Harman v Secretary of State for the Home Department [1983] 1 AC 280
Jiang v Han [2022] NSWSC 1398
Jiang v Han and Fortune New City (Yarraville) Development Ltd (unreported 24 September 2021)
Mr D v Ms P [2020] NSWCA 174

Category: Procedural rulings
Parties: Zhao Qing Jiang (Plaintiff/Cross-Defendant)
Kairan Han (First Defendant/Cross-Claimant)
Fortune New City (Yarraville) Development Pty Ltd (Second Defendant/Cross-Claimant)
Representation:
Counsel:
Mr P Reynolds (Plaintiff)
Mr C Robinson (First Defendant/Second Defendant/Cross-Claimants)
Mr A Blair (First Defendant/Second Defendant/Cross-Claimants)
Solicitors:
Sunfield Chambers Solicitors & Associates (Plaintiff)
Hiways Lawyers (First Defendant/Second Defendant/Cross-Claimants)

File Number(s): 2021/00273456
Publication restriction: Nil

JUDGMENT

The parties entered a number of agreements about a proposed 40/60 joint venture property development in Yarraville in Victoria, including a March 2016 agreement which Mr Jiang claims was breached because the defendant has not made the final outstanding payment it provided for, to acquire his shares in the joint venture vehicle. The development was not pursued after Mr Jiang’s involvement in the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Jiang v Han (No 2)

Details

AGLC: Jiang v Han (No 2) [2025] NSWSC 48
Case: [2025] NSWSC 48
Decision Date: 13 February 2025

CaseChat Overview and Summary

In the matter of Jiang v Han (No 2), the parties were engaged in a legal dispute where the plaintiff sought to enforce orders to produce documents and serve evidence. The case was before the Supreme Court of New South Wales. The primary issue before the court was whether the plaintiff's application to set aside the notice to produce documents and the subpoena to produce documents should be granted. The defendant argued that the requested evidence was not materially relevant, lacked a legitimate forensic purpose, and might breach confidentiality. Additionally, the court had to determine whether further security for costs should be ordered, given the changes in the circumstances of the case.

The court considered the arguments presented by both parties and examined the evidence provided. The judge found that the documents in question were indeed relevant and necessary for the proper administration of justice. The court held that the defendant's arguments did not sufficiently demonstrate that the evidence was irrelevant or that its production would breach confidentiality. Consequently, the court dismissed the application to set aside the notice and subpoena. Regarding the costs, the court acknowledged the material changes in the circumstances, including a considerably longer hearing and an increase in the damages sought. The court also noted that the defendant had breached the orders to serve evidence. Therefore, the court ordered further security for costs.

The final orders of the court were that the application to set aside the notice and subpoena was dismissed, and further security for costs was ordered due to the changes in the circumstances and the defendant's breach of the court's orders.

Orders