Chen v The Ginza Beauty Pty Ltd [2023] FCA 1192

FEDERAL COURT OF AUSTRALIA

Chen v The Ginza Beauty Pty Ltd [2023] FCA 1192 File number: NSD 50 of 2022

Judgment of: MARKOVIC J

Date of judgment: 9 October 2023

Catchwords: CORPORATIONS – application for access to books and financial records of a company – where substantial disclosure of documents has already been made – whether the plaintiff has established a proper purpose – application dismissed

Legislation: Corporations Act 2001 (Cth) s 247A

Cases cited: Enares Pty Ltd v Nimble Money Ltd (2022) 294 FCR 31

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Number of paragraphs: 118

Date of hearing: 26 August 2022; 10 October 2022

Counsel for the Plaintiff: Mr A Emmerson (26 August 2022); Mr DR Pritchard SC (10 October 2022)

Solicitor for the Plaintiff: Yingke Law Firm

Counsel for the Defendant: Dr AJ Greinke

Solicitor for the Defendant: Auyeung Hencent & Day Lawyers

ORDERS NSD 50 of 2022 BETWEEN: YIYU CHEN Plaintiff

AND: THE GINZA BEAUTY PTY LTD Defendant

order made by: MARKOVIC J DATE OF ORDER: 9 October 2023

THE COURT ORDERS THAT:

1. The further amended originating process be dismissed. 2. The parties are to confer on the question of costs of the proceeding: (a) if they agree on the orders to be made they are to provide the Associate to Markovic J with their proposed orders on or before 23 October 2023; or (b) if they cannot agree on the orders to be made they are each to file submissions, not exceeding three pages in length, on the question of costs on or before 30 October 2023; and (c) in the event that the parties file submissions in accordance with Order 2(b) above, unless either party requests an oral hearing, the question of costs will be dealt with on the papers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.