Tran v Guan (No 2) [2021] NSWDC 804

District Court New South Wales

Medium Neutral Citation: Tran v Guan (No 2) [2021] NSWDC 804 Hearing dates: 30 and 31 March 2021 Date of orders: 1 April 2021 Decision date: 01 April 2021 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Refuse the plaintiffs' application seeking orders 2 and 3 in notice of motion filed 25 March 2021. (2) Reserve any question of the defendants' costs of the application. (3) Confirm the previous directions made on 23 March 2021. (4) Confirm the continuation of the hearing. Catchwords: CIVIL PROCEDURE — Hearings — Expedition – Part heard – Health of plaintiff Legislation Cited: Civil Procedure Act 2005, s 56, s 57, s 58, s 59, s 60 Category: Procedural rulings Parties: Victor Toan Tran (first plaintiff) Tamvic Pty Ltd (second plaintiff) Binghua Guan (first defendant) Guixing Jian (second defendant) Walter Yaolong Guan (third defendant) Perennial Growth Pty Ltd (ACN 166 554 721) (fourth defendant) Representation: Counsel: Mr G Drew (plaintiffs)

Solicitors: Meridian Lawyers (plaintiffs) File Number(s): 2020/301522 Publication restriction: None

Judgment

Introduction 1. Victor Tran and his company, Tamvic Pty Ltd, seek orders for damages and for the delivery of property located on premises owned by Mr Binghua Guan and Ms Guixing Jian. 2. The trial has commenced, but has been adjourned part-heard until 28 June 2021. Mr Tran seeks that: "a. if the proceeding can be transferred part-heard to an alternative judge; and b. listed for hearing on a date before 28 June 2021; i. on both liability and damages (estimate 4 days); or ii. on the question of liability only (detinue and conversion) to be determined separately and in advance of the question of damages (estimate of 2 days), that the orders of Taylor DCJ be vacated and the proceeding listed before that other judge on the first available date for further directions."