Zhu v Yingle Culture Exchange (Australia) Pty Ltd (In Liq); Zhu v Dai (No 2)

The plaintiffs, Zhu, sought to strike out the defendants' defences on the basis of non-compliance with directions and sought to set aside a default judgment against the defendants, Yingle Culture Exchange (Australia) Pty Ltd (In Liq) and Dai. The plaintiffs' claims were rooted in allegations of misrepresentation and misleading or deceptive conduct in relation to the sale of a property. The case was heard in the Federal Court of Australia.

The court was required to determine whether the defendants' defences were properly pleaded and whether the plaintiffs had demonstrated that the defences were not arguable. The court also needed to consider the obligations of parties and practitioners under the Civil Procedure Act 2005, particularly in relation to the requirements for pleading and the necessity to demonstrate an arguable defence. The plaintiffs argued that the defendants had failed to comply with the court's directions to plead their defences with particularity and had not provided sufficient evidence to support their defences.

The court found that the defendants' defences were not properly pleaded and did not provide sufficient evidence to support them. The court held that the defendants had not demonstrated that they had an arguable defence and that the plaintiffs were entitled to a default judgment. The court noted that the obligations under the Civil Procedure Act 2005 required parties to plead their cases with particularity and to provide evidence to support their claims and defences. The court found that the defendants had failed to meet these obligations and dismissed the applications to strike out the defences and to set aside the default judgment.

The court's final orders were that the applications to strike out the defences and to set aside the default judgment were dismissed. The court also ordered the defendants to pay the plaintiffs' costs of the applications. The court emphasised the importance of compliance with court directions and the obligations of parties and practitioners under the Civil Procedure Act 2005.