Ren v Jiang (No 3)

The Court of Appeal of New South Wales, constituted by Leeming JA, considered an application by the third applicant, Ms Ren, for leave to be separately represented in proceedings against the respondents, Mr Jiang and others. The application was opposed by all other active parties in the litigation.

The primary legal issue before the Court was whether Ms Ren should be granted leave to sever her representation from that of the other applicants. This required the Court to consider the circumstances under which separate representation would be permitted, particularly when opposed by other parties.

Leeming JA dismissed the application, reasoning that there was no sufficient basis to grant separate representation. The Court applied the principle that separate representation is not a matter of right and requires a compelling reason, especially when it would complicate or delay proceedings and is opposed by other parties. The Court found that Ms Ren had not demonstrated such a compelling reason.

Consequently, the Court ordered that the application for separate representation be dismissed and that Ms Ren pay the costs of the other parties in relation to that application. The proceedings were then stood over to the Registrar's list.