Tang v Yu (application to vacate) [2023] FCA 1540

Federal Court of Australia

Tang v Yu (application to vacate) [2023] FCA 1540 File number: NSD 488 of 2020

Judgment of: STEWART J

Date of judgment: 4 December 2023

Catchwords: PRACTICE AND PROCEDURE – interlocutory application to vacate trial dates – interlocutory application dismissed

Legislation: Evidence Act 1995 (Cth) s 169 Federal Court Rules 2011 (Cth) rr 20.14(1), 20.14(2)

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 17

Date of hearing: 4 December 2023

Counsel for the Applicant: D Meyerowitz-Katz

Solicitor for the Applicant: Domantay Legal Pty Ltd

Counsel for the First Respondent: Y Chen

Solicitor for the First Respondent: Ausjuris Legal Pty Ltd

Solicitor for the Second Respondent: The Second Respondent did not appear.

ORDERS NSD 488 of 2020

BETWEEN: GUOHUA TANG Applicant

AND: JINYANG YU First Respondent

OLIVER ROTHS Second Respondent

order made by: STEWART J DATE OF ORDER: 4 DECEMBER 2023

THE COURT ORDERS THAT:

1. The interlocutory application filed by the first respondent on 30 November 2023 be dismissed. 2. The applicant produce to the first respondent as soon as possible the original electronic form in which the applicant has the documents that are reproduced at pages 6, 7, and 8 of the affidavit of Jie Shi Lee dated 30 November 2023. 3. The costs of the interlocutory application filed by the first respondent on 30 November 2023 be reserved, save that if no further order is made in relation to them they become costs in the cause. 4. The first respondent be granted leave to discontinue the interlocutory application filed on 24 November 2023. 5. Costs of the first respondent's interlocutory application filed on 24 November 2023 be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.