Nguyen v Hwang [2020] NSWSC 1082

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Hwang [2020] NSWSC 1082 Hearing dates: 14 August 2020 Date of orders: 14 August 2020 Decision date: 14 August 2020 Jurisdiction: Common Law Before: Garling J Decision: (1) Stand over the Notice of Motion filed 5 June 2020 for directions before the Registrar on 11 September 2020. (2) Liberty to apply to restore the matter if a final determination is made by the Tribunal on 19 August 2020. Any such application to be made with 2 days' clear notice to the Court and the parties. Catchwords: CIVIL PROCEDURE — Court administration — Overriding purpose — Just, quick and cheap resolution Legislation Cited: Civil Liability Act 2002 Cases Cited: Not Applicable Texts Cited: Australian Consumer Law Category: Principal judgment Parties: Vo Vien Phuong Nguyen (P) Chiao Lin Hwang (D) Representation: Counsel: P Hutchinson (P) F Ashworth (D)

Solicitors: Gartree Thomson Lawyers (P) Brightstone Legal (D) File Number(s): 2019/392822 Publication restriction: Not Applicable

EX TEMPORE Judgment

Notice of Motion 1. Before the Court today is an application made by Notice of Motion filed 5 June 2020, by the plaintiff. The plaintiff seeks the following orders: "1 Leave be granted for Vaissade Pty Limited ACN 083 305 060 to be joined as a defendant to the proceedings pursuant to rule 6.19 of the Uniform Civil Procedure Rules 2005. 2. The plaintiff to file an amended statement of claim within 21 days. 3. The defendant to file any appearance or defence upon which it is intended to rely within 28 days after the service of the statement of claim. 4. Costs reserved." 1. On 26 June 2020, the matter came before Justice Wright when he was presiding as the Duty Judge. His Honour stood the Motion over to Friday 24 July 2020 before the Duty Judge. The matter was then adjourned by consent until today. 2. The plaintiff seeks a further adjournment of the Motion. The defendant opposes that course and submits that the Motion ought to be dismissed.