BCEG International (Australia) Pty Ltd v Xiao [2021] NSWSC 1545

Supreme Court New South Wales

Medium Neutral Citation: BCEG International (Australia) Pty Ltd v Xiao [2021] NSWSC 1545 Hearing dates: 26 November 2021 Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Grant leave to the defendants to file an Amended Commercial List Response; order that the defendants pay the plaintiff's costs thrown away by the amendment; order that the defendants pay the plaintiff's costs thrown away by the vacation of the hearing date of 15 November 2021 Catchwords: CIVIL PROCEDURE – commercial list – procedure – list statements – whether defendants should have leave to amend their List Response COSTS – whether defendants should pay the plaintiff's costs thrown away by the vacation of the hearing date Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: BCEG International (Australia) Pty Limited v Xiao [2021] NSWSC 1027 Macdonald v Australian Securities and Investments Commission (2007) 73 NSWLR 612; [2007] NSWCA 304 Category: Procedural rulings 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 Williams SC with N Riordan (Plaintiff) F Hicks SC with B Le Plastrier (Defendants)