NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: BCEG Australia v Yu Xiao & Ors (No 2) [2020] NSWSC 1403 Hearing dates: On the papers Date of orders: 13 October 2020 Decision date: 13 October 2020 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application to set aside subpoenas dismissed Catchwords: CIVIL PROCEDURE – subpoenas – issued prior to delivery of evidence – whether have the effect of subverting operation of Practice Note SC Eq 11 – where defendant's positon is that they should not serve evidence until plaintiff's case is closed – where neither subpoena recipient has objected to ambit of subpoena – where documents sought in one subpoena not likely to be in possession of defendants Legislation Cited: Practice Note SC Eq 11 Cases Cited: BCEG Australia v Yu Xiao [2020] NSWSC 1234 New Price Retail Services Pty Ltd v Hanna [2012] NSWSC 422 The Owners – Strata Plan No 76902 v Roads and Maritime Services [2017] NSWSC 528 Category: Consequential orders (other than Costs) Parties: BCEG International (Australia) Pty Ltd (Plaintiff) Yu Xiao (First Defendant) Yan Ying Chen (Second Defendant) Interlink Laboratory Pty Ltd (Third Defendant) Interlink Wagga Central Pty Ltd (Fourth Defendant) West Wyalong Marketplace Pty Ltd (Fifth Defendant) Representation: Counsel: D L Williams SC with N Riordan (Plaintiff) C Withers with B Cameron (Defendants)
Solicitors: Thomson Geer (Plaintiff) Holding Redlich (Defendants) File Number(s): 2019/310768
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