Zhong v Shield Resources Pty Ltd & Ors [2022] NSWSC 553

Supreme Court New South Wales

Medium Neutral Citation: Zhong v Shield Resources Pty Ltd & Ors [2022] NSWSC 553 Hearing dates: 28 April 2022 Date of orders: 02 May 2022 Decision date: 09 May 2022 Jurisdiction: Common Law Before: Walton J Decision: (1) The hearing dates of 3 May 2022 to 5 May 2022 (inclusive) are vacated. (2) The Defendants/Cross-claimants are to file and serve all evidence, including lay and expert evidence, in defence of the Statement of Claim and in support of the Cross-Claim by 5:00pm on 26 May 2022. (3) The Defendants/Cross-claimants are not entitled to rely upon any evidence, (lay or expert, affidavit or document) produced, filed or served after 5:00pm on 26 May 2022 without obtaining the consent of the Plaintiff or the leave of the Court. (4) The Plaintiff/Cross-defendant is to file and serve all evidence in reply by 23 June 2022. (5) The Court notes the agreement of the Defendants/Cross-claimants, that any application for security for costs shall not delay their filling of evidence or the fixing of further hearing dates. (6) The Defendants/Cross-claimants are ordered to pay the Plaintiff his costs thrown away and pre-judgment interest in the event of judgment for the Plaintiff or judgment for the Defence of the Cross-Claim. (7) The Defendants are to pay the Plaintiff's costs of the hearing on 28 April 2022 as agreed or assessed. (8) The proceedings are adjourned to dates to be fixed by the Registrar for: (a) disposition of the balance of the orders sought on the Notice of Motion filed 12 April 2022 (pursuant to a timetable to be agreed by the parties or fixed by the Court), and (b) hearing of the substantive claim and Cross-Claim on a three-day estimate. Catchwords: PROCEDURE – adjournment application – history of proceedings – interests of justice – concessions made by defendant – guillotine orders – hearing date vacated Legislation Cited: Civil Procedure Act 2005 (NSW) Contracts Review Act 1980 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27 Lachlan v HP Mercantile Pty Ltd (2015) 89 NSWLR 198; [2015] NSWCA 130 UBS AG v Tyne (as trustee of the Argot Trust) (2018) 265 CLR 77; [2018] HCA 45 Zhong v Shield Resources Pty Ltd [2021] NSWSC 617 Zhong v Shield Resources Pty Ltd (No 2) [2021] NSWSC 643 Zhong v Shield Resources Pty Ltd (unreported, 23 February 2022) Category: Procedural rulings Parties: Yuping Zhong (Plaintiff) Shield Resources Pty Ltd (First Defendant) Ying Guan (Second Defendant) Feng Ye (Third Defendant) Representation: Counsel: S Burchett (Plaintiff) A Kaufmann (First, Second and Third Defendants)