Pi v Zhou (No 4)

[2018] NSWCA 87

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Pi v Zhou (No 4) [2018] NSWCA 87
Hearing dates:	24 April 2018
Decision date:	24 April 2018
Before:	Leeming JA; White JA, Barrett AJA
Decision:	1.   Dismiss the application for an adjournment. 2.   Dismiss the notice of motion filed 22 November 2017, with costs.
Catchwords:	PRACTICE – review of decision of single Judge of Appeal dismissing proceedings following failure to provide security
Legislation Cited:	Supreme Court Act 1970 (NSW), s 46 Uniform Civil Procedure Rules 2005 (NSW), r 51.58
Cases Cited:	Pi v Zhou (No 2) [2017] NSWCA 16 Pi v Zhou (No 3) [2017] NSWCA 224 Pi v Zhou [2015] NSWSC 1644 Pi v Zhou [2016] NSWCA 148 Porter v Gordian Runoff (No 3) [2005] NSWCA 377
Category:	Principal judgment
Parties:	Guang Hua Pi (Applicant) Jian Cheng Zhou (First Respondent) Christine Zhao (Second Respondent)
Representation:	Solicitors: Applicant (self-represented) Respondents (self-represented)
File Number(s):	2015/355864
Decision under appeal	Court or tribunal: Court of Appeal Citation: [2017] NSWCA 224 Date of Decision: 22 September 2017 Before: Payne JA File Number(s): 2015/355864

Judgment

1. THE COURT: On 9 November 2015, a judge sitting in the Common Law Division following a hearing in which all parties were cross-examined dismissed the claim brought by the applicant, Mr Guang Hua Pi, against the respondents, Mr Jian Cheng Zhou and Ms Christine Zhao, for assault and various other torts: Pi v Zhou [2015] NSWSC 1644. The dispute arose in circumstances where the respondents had leased a flat to the applicant and there had been an altercation between them.

2. Following a series of applications for judicial review none of which has been pursued, the present proceedings were commenced by Mr Pi in 2015. In the following year, Gleeson JA ordered Mr Pi to provide security for the respondents’ costs including security in the sum of $12,000: Pi v Zhou [2016] NSWCA 148. On 15 February 2017, this Court constituted by Basten JA, Payne JA and Sackville AJA dismissed Mr Pi’s application to review that part of the orders made by Gleeson JA: Pi v Zhou [2017] NSWCA 16. This Court ordered that the security was to be provided on or before 5 April 2017, with the proceeding stayed in the meantime. The orders also provided that the matter was to be listed before a single Judge of Appeal for consequential orders, or, in the event that the security had not been provided, an order for the dismissal of the proceedings.

3. The matter came before Payne JA on 10 April 2017. There was no appearance by any party. Rather than dismissing the proceedings, Payne JA directed the parties to provide submissions and to be heard as to why the proceedings should not be dismissed. Submissions were supplied, and on 24 August 2017 there was a hearing. Mr Pi appeared with the assistance of a translator. He maintained that “this security for costs is abuse of legal system” and that he was not obliged to provide…