Haiye Developments Pty Ltd v The Commercial Business Centre Pty Ltd [2020] NSWSC 732

Supreme Court New South Wales

Medium Neutral Citation: Haiye Developments Pty Ltd v The Commercial Business Centre Pty Ltd [2020] NSWSC 732 Hearing dates: 11 June 2020 Date of orders: 12 June 2020 Decision date: 12 June 2020 Jurisdiction: Equity Before: Robb J Decision: (1) Order that the hearing in these proceedings fixed to commence on 6 July 2020 and to continue for a period of eight days be vacated.

(2) Order that the costs of the application to vacate the hearing be the parties' costs in the cause.

(3) List the proceedings in the call over list before the Chief Judge in Equity at 8:30 AM on Tuesday, 16 June 2020 (or such other date as may be fixed at the request of the parties by arrangement with the associate to the Chief Judge). Catchwords: CIVIL PROCEDURE — Hearings — Adjournment — Relevant factors — where an application was made for an order vacating an eight day hearing for reasons caused by the COVID-19 pandemic — where three principal witnesses are citizens of and resident in the People's Republic of China — where those witnesses will need to give their evidence in Chinese through interpreters — where there is no guarantee that an exemption to travel to Australia would be granted by the Commissioner of the Australian Border Force, particularly in the limited time available— where there is at least some chance that it would be unlawful in China for the witnesses to give their evidence by audio visual link — where, in the circumstances, it would not be just to order that the witnesses give their evidence by audio visual link — hearing vacated Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW) Evidence on Commission Act 1995 (NSW) Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters The Civil Procedure Law of the People's Republic of China (1991) Cases Cited: Antov v Bokan (No 2) [2019] NSWCA 250 Australian Securities and Investments Commission v GetSwift Ltd [2020] FCA 504 Capic v Ford Motor Company of Australia Ltd (Adjournment) [2020] FCA 486 David Quince v Annabelle Quince [2020] NSWSC 326 Giam v Patterson [2020] NSWSC 593 Motorola Solutions, Inc v Hytera Communications Corporation Ltd (Adjournment) [2020] FCA 539 Category: Procedural and other rulings Parties: Haiye Developments Pty Ltd (first plaintiff) Jianzong He (second plaintiff) Haiqiang He (third plaintiff) The Commercial Business Centre Pty Ltd (first defendant) Nickolas Varvaris (second defendant) Pionnier Property Development Pty Ltd (third defendant) Citywide Financial Services Group Pty Ltd trading as Varvaris & Co (fourth defendant) Pionnier Pty Ltd (fifth defendant) Hua Liu (sixth defendant) Kei Kwok (seventh defendant) A&T Education Holdings Pty Ltd (eighth defendant) Citywide Property Group Pty Ltd (ninth defendant) Red Horizon Travel Services Pty Ltd (tenth defendant) Representation: Counsel: A Cheshire SC / S Jeliba (plaintiffs) C Bavin (sol) (first defendant) G Sirtes SC / A Oakes (fifth to eighth defendants)