Zhong v Shield Resources Pty Ltd (No 2) [2021] NSWSC 643

Supreme Court New South Wales

Medium Neutral Citation: Zhong v Shield Resources Pty Ltd (No 2) [2021] NSWSC 643 Hearing dates: 4 June 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Jurisdiction: Common Law Before: N Adams J Decision: 1. The notice of motion filed on 3 June 2021 be returnable before me on 4 June 2021 and the time for service be abridged. 2. The notice of motion is otherwise dismissed. 3. The order of 31 May 2021 that $100,000 of the $753,200.62 paid into court on 6 January 2021 be released to the second defendant Ying (Emma) Guan be stayed until close of business on Tuesday 8 June 2021. 4. The plaintiff is to pay the defendant's costs of today's motion on the ordinary basis. Catchwords: CIVIL PROCEDURE — notice of motion seeking to set aside order under slip rule – where judgment referred to the plaintiff's submission – where this submission was not in fact made by counsel for the plaintiff – whether case advanced by plaintiff had been determined – notice of motion dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 NSW, rr 36.16(3A), 36.17 Cases Cited: Zhong v Shield Resources Pty Ltd [2021] NSWSC 617 Category: Procedural rulings Parties: Yuping Zhong (Plaintiff) Shield Resources Pty Ltd (First Defendant) Ying Guan (Second Defendant) Representation: Counsel: S Burchett (Plaintiff)

Solicitors: Juris Cor Legal (Plaintiff) Rostron Carlyle Rojas Lawyers (Defendants) File Number(s): 2020/95833 Publication restriction: Nil