Guoao Holding Group Co Ltd v Xue (No 3) [2023] FCA 689

Federal Court of Australia

Guoao Holding Group Co Ltd v Xue (No 3) [2023] FCA 689 File number: NSD 580 of 2022

Judgment of: STEWART J

Date of judgment: 22 June 2023

Catchwords: PRACTICE AND PROCEDURE – release of security for costs – where applicant provided security for respondents' costs – where applicant successful with substantial judgment – where applicant brings contempt application for alleged breach of freezing orders by first respondent – where any future costs order made in the first respondent's favour in the contempt application could not possibly exceed judgment debt of $43 million – whether security should be released to the applicant

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: International Commercial Arbitration

Number of paragraphs: 7

Date of hearing: 22 June 2023

Counsel for the Applicant: B Yin

Solicitor for the Applicant: Minter Ellison Lawyers

Counsel for the Respondents: M Zaki of Squire Patton Boggs

Solicitor for the Respondents: Squire Patton Boggs

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: 22 JUNE 2023

THE COURT ORDERS THAT: 1. The sum of $100,000 paid into court as security for the first and second respondents' costs be released to the applicant. 2. By 4.00pm on 30 June 2023, the applicant serve any proposed further amended interlocutory application and statement of charge (Amendments). 3. By 4.00pm on 14 July 2023, the first respondent confirm whether she consents to or opposes the Amendments. 4. If the first respondent opposes the Amendments: (a) By 4.00pm on 21 July 2023, the applicant file an application for leave to amend the further amended interlocutory application and statement of charge together with any supporting evidence. (b) By 4.00pm on 28 July 2023, the first respondent file any evidence in response. (c) The matter be listed for the hearing of any application referred to in order 4(a) on 4 August 2023 on an estimate of 30 minutes. 5. If the first respondent consents to the Amendments: (a) By 4:00 pm on 21 July 2023, the applicant file and serve the further amended interlocutory application and statement of charge. (b) By 4:00 pm on 28 July 2023, the applicant file and serve any evidence in reply and written submissions on the contempt application and a list of authorities to be relied on or referred to. 6. The matter be listed for case management on 4 August 2023 to consider further programming orders in relation to the contempt application. 7. The contempt application be listed for hearing on 11 and 12 December 2023. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.