Chen and others v The Australian Shaanxi Chamber of Commerce Incorporated and Others [2020] NSWSC 1719

Supreme Court New South Wales

Medium Neutral Citation: Chen and others v The Australian Shaanxi Chamber of Commerce Incorporated and Others [2020] NSWSC 1719 Hearing dates: 19, 27 November 2020 Decision date: 03 December 2020 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See [65] Catchwords: CIVIL PROCEDURE — Stay of proceedings — Inherent power — Abuse of process — Whether proceedings should be stayed on the basis that they were brought for an illegitimate, improper or collateral purpose — Where proceedings said to have been an attempt to extort money from the defendants — Where plaintiffs offered to resolve the proceedings on terms which included the payment of money by the defendants to the plaintiffs but also stated that if they offer was not accepted they would seek to amend their pleadings to include criminal allegations — Where damages not an available remedy — Where relief sought in further amended statement of claim directed to alleged impugned election and not the alleged improper purpose CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Frivolous or vexatious proceedings — Whether proceedings should be dismissed on the basis they are vexatious Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 Defamation Act 2005 (NSW) Evidence Act 1995 (NSW) ss 131, 11 Uniform Civil Procedure Rules 2005 (NSW) r 13.4(a) Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 Chen v The Australian Shaanxi Chamber of Commerce Inc [2020] NSWSC 1594 Clyne v Bar Association (NSW) (1960) 104 CLR 186 Dowling v Colonial Mutual Life Assurance Society Limited (1915) 20 CLR 509 Hanrahan v Ainsworth (1990) 22 NSWLR 73 PNJ v The Queen [2009] HCA 6; 83 ALJR 384 Thurlow v Thurlow [2015] NSWSC 1323 TR v Director of Public Prosecutions [2020] NSWSC 255 UBS AG v Tyne [2018] HCA 45; 265 CLR 77 Van Der Lee & Ors v State of New South Wales & Ors [2002] NSWCA 286 Williams v Spautz (1992) 174 CLR 509 Texts Cited: n/a Category: Procedural and other rulings Parties: Yan Hong (Amy) Chen (first plaintiff) Jianguo Guo (second plaintiff) APA International Group Pty Ltd (third plaintiff) Ping Cao (fourth plaintiff) Secura Scaffold Services Pty Ltd (fifth plaintiff)