Golden Roc Investment Pty Ltd v Cui [2022] NSWSC 173

Supreme Court New South Wales

Medium Neutral Citation: Golden Roc Investment Pty Ltd v Cui [2022] NSWSC 173 Hearing dates: 8 March 2022 Date of orders: 8 March 2022 Decision date: 11 March 2022 Jurisdiction: Equity Before: Slattery J Decision: Judgment entered for principal interests and costs totalling $380,094.27. Catchwords: CIVIL PROCEDURE – Default judgment – Default in filing a defence or entering appearance – application for default judgment under Uniform Civil Procedure Rules 2005, r 16.10 – where plaintiff brings proceedings against the defendant in July 2021 by Statement of Claim – where the defendant has not filed a defence and has not taken an active part in the proceedings – where orders for substituted service were made and the defendant was served with the statement of claim and notice of motion – whether default judgment should be granted. JUDGMENTS AND ORDERS – Cost – Calculating costs – Judgment in foreign currency – where the plaintiff loaned money to the defendant in United States dollars – where the defendant failed to repay the principal and interest owed on the loan calculated in United States dollars – where the plaintiff claims damages in Australian dollars – whether the Court can make a judgment for damages in Australian dollars – where the date of currency conversion is the date which the court enforces judgment. Legislation Cited: Uniform Civil Procedure Rules 2005, r 10.14, r 10.20, r 14.3, r 16.10 Civil Procedure Act 2005, s 100 Cases Cited: Gujarat NRE Coke Ltd v Wollongong Coal Ltd [2017] NSWSC 384 ITC Distribution Ltd v Filmpac Holdings Ltd (SC (Vic), Fullagar J, 6 March 1990) Maschinenfabrik Augsburg-Nurenburg Aktiengesellschaft v Altikar Pty Ltd [1984] 3 NSWLR 152 Miliangos v George Frank (Textiles) Ltd [1975] 3 All ER 801 Vlasons Shipping Inc v Neuchatel Swiss General Insurance Co Ltd (No 2) [1998] VSC 135 Texts Cited: C Proctor, Mann on the Legal Aspect of Money (6th ed, 2005, Oxford University Press) Category: Principal judgment Parties: Plaintiff: Golden Roc Investment Pty Ltd ACN 154 272 143 Defendant: Shaoyuan Cui Representation: Counsel: Plaintiff: H. Fielder