Federal Court of Australia
Federal Court of Australia
Guoao Holding Group Co., Ltd v Xue [2022] FCA 1431 File number(s): NSD 580 of 2022
Judgment of: STEWART J
Date of judgment: 23 November 2022
Catchwords: PRACTICE AND PROCEDURE – international commercial arbitration – enforcement of award – application to vacate hearing date
Legislation: International Arbitration Act 1974 (Cth) ss 8(7)(b), 8(7A)(b)
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: International Commercial Arbitration
Number of paragraphs: 10
Date of hearing: 23 November 2022
Counsel for the Applicant: S Hartford Davis
Solicitor for the Applicant Minter Ellison Lawyers
Counsel for the Respondents: T Morahan
Solicitor for the Respondents Chen Shan Lawyers
ORDERS NSD 580 of 2022
BETWEEN: GUOAO HOLDING GROUP CO. LTD Applicant
AND: LIJUAN XUE First Respondent
TREDMORE PTY LTD Second Respondent
JUYING XUE Third Respondent
order made by: STEWART J DATE OF ORDER: 23 NOVEMBER 2022
THE COURT ORDERS THAT:
1. Juying Xue be joined as the third respondent in the proceeding and the applicant have leave to file an amended originating application in the form reflected in the schedule to the interlocutory application dated 22 November 2022. 2. By 7 December 2022, the first respondent file and serve any evidence in response to the applicant's contempt application by way of interlocutory application filed 22 November 2022. 3. The parties provide to the Associate of Stewart J by 5:00pm today agreed or competing timetabling orders with respect to the hearing of the originating application and the respondents' interlocutory application to resist enforcement of the award. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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