Ren v Jiang (No 2)

[2014] NSWCA 119

Court of Appeal

New South Wales

Case Title:

Ren v Jiang (No 2)

Medium Neutral Citation:

[2014] NSWCA 119

Hearing Date(s):

On the papers

Decision Date:

09 April 2014

Before:

Leeming JA

Decision:

(1) The directions hearing on 11 April 2014 at 9.30am be vacated.

(2) The First and Second Respondents to file and serve any further evidence in support of their motions by 28 April 2014.

(3) The First and Second Respondents to file and serve a concise articulation of the abuse of process for which they contend by 28 April 2014.

(4) The Applicants to file and serve on or before 23 May 2014:
(a) their evidence in response to the motions for security for costs and/or judgment and abuse of process; and
(b) their evidence, or a précis of their evidence, in support of their application under s 471B.

(5) Liberty to apply on two days' notice.

(6) Stand over the proceedings for further directions at 9.30am on 29 May 2014.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

PRACTICE - adjournment - by consent - granted having regard to pending decision in Federal Court

Legislation Cited:

Civil Procedure Act 2005 (NSW), s 56, s 57, s 58

Cases Cited:

Ren v Jiang [2013] NSWCA 194
Ren v Jiang [2014] NSWCA 1

Category:

Interlocutory applications

Parties:

Ke Qin Ren (first applicant)
Pei Xu (second applicant)
Yi Cheng Jiang (third applicant)
Gloconnect Pty Ltd ACN 106 027 730 (fourth applicant)
Hong Jiang (first respondent)
Yongan Xie (second respondent)
Wan Ze Property Development (Aust) Pty Ltd (in liquidation) ACN 131 642 147 (third respondent)

Representation

- Counsel:

Counsel:
MR Ellicott (applicants)
DA Smallbone (first and second respondents)
DC Eardley (third respondent)

- Solicitors:

Solicitors:
Ren Zhou Lawyers (applicants)
Austin Haworth & Lexon Legal (Sydney) (first and second respondent)
Downeys Lawyers (third respondent)

File Number(s):

2012/240805; 2013/93863

Decision Under Appeal

- Court / Tribunal:

Supreme Court

- Before:

Black J

- Date of Decision: 

19 July 2012

- Citation:

[2012] NSWSC 821

- Court File Number(s):

2011/51745

JUDGMENT

1. LEEMING JA: These proceedings have had an unfortunately lengthy history in this Court, even though they amount merely to applications to seek leave to appeal from two interlocutory decisions of the Court in the Equity Division. They came before a Judge of Appeal in June 2013, when many interlocutory issues were seemingly resolved, in part by an agreed regime for the provision of security in amounts totalling $516,000: [2013] NSWCA 194.

2. However, that aspect of that regime which required paying into Court $500,000 by 5 August 2013 was not complied with, and there is a dispute and competing evidence as…