Bank of China Limited v Chen (No 2) [2022] NSWSC 1168

Supreme Court New South Wales

Medium Neutral Citation: Bank of China Limited v Chen (No 2) [2022] NSWSC 1168 Hearing dates: 25 August 2022 Date of orders: 25 August 2022 Decision date: 01 September 2022 Jurisdiction: Common Law Before: Wright J Decision: The Court orders: (1) Judgment for the Plaintiff in the sum of RMB ¥21,691,810.90 in respect of the Civil Mediation Judgment of the People's Court of Jimo District, Qingdao City, Shandong Province, People's Republic of China in proceedings (2019) Lu 0282, Civil Trial No. 4209. (2) Judgment for the Plaintiff in the sum of RMB ¥27,307,302.39 in respect of the Civil Mediation Judgment of the People's Court of Jimo District, Qingdao City, Shandong Province, People's Republic of China in proceedings (2019) Lu 0282, Civil Trial No. 4210. (3) The Defendant is to pay the Plaintiff's costs of the proceedings. (4) If the Defendant wishes to apply to set aside orders 1, 2, or 3 under Rule 36.16(2)(b) of the Uniform Civil Procedure Rules 2005 (NSW) the Defendant is to file and serve a notice of motion seeking that relief and any supporting evidence on or before 15 September 2022. The Court directs: (5) The Plaintiff to serve by email and post on the Defendant a copy of these orders on or before 29 August 2022. Catchwords: PRIVATE INTERNATIONAL LAW – Foreign judgments and orders – Recognition or enforcement at common law – People's Republic of China – People's Court of Jimo District– 民事调解书 – Civil mediation judgment – Judgments enforced Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 11.4, 11.5, 36.17, Sch 6(m) Supreme Court Act 1970 (NSW), s 118(4) Cases Cited: Bank of China Limited v Chen [2022] NSWSC 749 Bao v Qu; Tian (No 2) [2020] NSWSC 588 Category: Principal judgment Parties: Bank of China Ltd (Plaintiff) Ying Chen (Defendant) Representation: Counsel: WG Muddle SC and DJ Townsend (Plaintiff) There was no appearance for the Defendant