Tang v Yu [2021] FCA 1126

Federal Court of Australia

Tang v Yu [2021] FCA 1126 File number(s): NSD 488 of 2020

Judgment of: STEWART J

Date of judgment: 16 September 2021

Catchwords: PRACTICE AND PROCEDURE – application for default judgment – where respondents had been in default of multiple orders requiring the filing of a defence and providing discovery – where respondents in continuing default to provide discovery – where respondents gave no adequate explanation for defaults – where respondents self-represented – guillotine order under r 5.21(d) made

Legislation: Federal Court Rules 2011 (Cth) rr 5.21, 5.22, 5.23, 20.14, 20.17

Cases cited: Chamberlain Group, Inc v Giant Alarm System Co, Ltd (No 2) [2019] FCA 1606

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 15

Date of hearing: 16 September 2021

Counsel for the Applicant: B Parker

Solicitor for the Applicant: Domantay Legal Pty Ltd

Counsel for the Respondents: The respondents appeared in person

ORDERS NSD 488 of 2020

BETWEEN: GUAHUA TANG Applicant

AND: JINYANG YU First Respondent

OLIVER ROTHS Second Respondent

order made by: STEWART J DATE OF ORDER: 16 September 2021

THE COURT ORDERS THAT:

1. By 5:00 pm on 24 September 2021, each respondent file and serve an affidavit deposed to by each of them fulfilling their obligations to give standard discovery in accordance with the Federal Court Rules 2011 (Cth), including listing documents that have been but are no longer in their possession or control and stating who now has possession of them, and also detailing what searches they have made for documents, including on any electronic devices within their control. 2. Pursuant to r 5.21(d) of the Rules, if either respondent is in default of Order 1, the applicant have judgment against that respondent in the sum of $700,000 plus interest from 4 May 2020. 3. Save without leave of the Court, the respondents not be permitted to adduce any evidence, whether by document or witness, at the final hearing. 4. The applicant's evidence-in-chief at the final hearing be given by affidavit to be filed by 29 October 2021. 5. The matter be listed for final hearing on 2 February 2022 with an estimate of two days. 6. The respondents pay the costs of the interlocutory application for default judgment filed on 3 September 2021 on the solicitor and own client scale. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.