Li v Wang and Anor [2022] NSWSC 653

Supreme Court New South Wales

Medium Neutral Citation: Li v Wang and Anor [2022] NSWSC 653 Hearing dates: 23 May 2022 Date of orders: 23 May 2022 Decision date: 23 May 2022 Jurisdiction: Common Law Before: Johnson J Decision: 1. Pursuant to s.140 Civil Procedure Act 2005, I order the District Court proceedings 2021/00330140 be transferred to the Supreme Court of New South Wales. 2. The proceedings are to be listed for directions before the Registrar in the Common Law Division at 9.00 am on 30 May 2022. 3. Costs of the determination of the transfer application, contained in paragraph 1 of the Summons, are to be costs in the cause. Catchwords: CIVIL PROCEDURE – application for transfer of proceedings from District Court to Supreme Court – First Defendant in People's Republic of China – need to effect service on First Defendant who is not prepared to submit to jurisdiction of District Court – transfer sought to facilitate service outside jurisdiction – order for transfer made Legislation Cited: Civil Procedure Act 2005 District Court Act 1973 Uniform Civil Procedure Rules 2005 Cases Cited: Credit Corp Services Pty Ltd v Plant [2015] NSWSC 1685 Thermasorb Pty Ltd v Rockdale Beef Pty Ltd [2005] 190 FLR 71; [2005] NSWSC 361 Trilogy Corporate Solutions & Anor v Fitzroy Shopfitting and Building Pty Ltd [2006] NSWSC 1026 Walker v Newmont Australia Ltd [2010] FCA 298 Texts Cited: --- Category: Procedural rulings Parties: Bin Li (Plaintiff) Changshun Wang (First Defendant) Jianrong Su (Second Defendant) Representation: Counsel: Mr AE Gauja (Plaintiff)