Keynes Capital Global Limited v Guo [2020] NSWCA 178

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Keynes Capital Global Limited v Guo [2020] NSWCA 178 Hearing dates: 17 August 2020 Date of orders: 18 August 2020 Decision date: 18 August 2020 Before: Bell P at [1]; Meagher JA at [27]; Payne JA at [28] Decision: Application for leave to appeal dismissed with costs Catchwords: APPEAL – Practice and procedure – freezing orders – discovery – whether primary judge erred in ordering discovery of documents in context of a challenge to freezing order originally made in aid of proceedings to be commenced in Hong Kong – where proceedings subsequently commenced in Hong Kong – where freezing order extended by consent but subsequent application to vacate freezing order – whether any error of principle in ordering discovery. CIVIL PROCEDURE – Application for leave to appeal – where grant of leave would lack utility – where primary judge did not err in discretionary decision relating to question of practice and procedure – where no issue of error or principle. CIVIL PROCEDURE – Freezing orders – whether discovery appropriately ordered in context of challenge to freezing orders originally obtained ex parte but subsequently extended by consent. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 25.14(3) Cases Cited: Davis v Turning Properties Pty Ltd (2005) 222 ALR 676; [2005] NSWSC 742 House v R (1936) 55 CLR 499; [1936] HCA 40 PA Putney Finance Pty Limited v Aalders [2020] NSWSC 305 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 PT Bayan Resources TBK v BCBC Singapore Pte Ltd (2015) 258 CLR 1; [2015] HCA 36 Resort Hotels Management Pty Ltd v Resort Hotels of Australia Pty Ltd (1991) 22 NSWLR 730 Severstal Export GmbH v Bhushan Steel Ltd (2013) 84 NSWLR 141; [2013] NSWCA 102 Suzhou Haishun Investment Management Co Ltd v Yue'e Zhao (Ruling No 2) [2018] VSC 144 Category: Principal judgment Parties: Keynes Capital Global Limited (First Applicant) General Energy International Holdings Limited (Second Applicant) Hui Guo (Respondent) Representation: Counsel: P D Crutchfield QC, E Bathurst (Applicants) E A J Hyde (Respondent)