BCEG International (Australia) Pty Ltd v Xiao [2023] NSWSC 6

Supreme Court New South Wales

Medium Neutral Citation: BCEG International (Australia) Pty Ltd v Xiao [2023] NSWSC 6 Hearing dates: 17 January 2023 Date of orders: 17 January 2023 Decision date: 18 January 2023 Jurisdiction: Equity - Duty List Before: Meek J Decision: Notice of motion dismissed Catchwords: ORDERS — Variation of orders — Urgent application to vary orders to permit a source of funds to be available to pay a judgment debt no longer the subject of an appeal — Applicants submit that they will suffer prejudice in the form of committing an act of bankruptcy if application is refused — Respondent opposes variation in the context in which the mechanism for funding is contended to perpetuate an alleged contempt by the applicants and say it will be exposed to prejudice in creating further difficulty in unwinding transactions it says ought not have been entered into as a result of the alleged contempt — Some lack of clarity over precise reason for making the limitation in the order sought to be varied on drawdown of funds — Unnecessary to decide whether concern regarding contempt was the sole justification for the order sought to be varied — In context it appears to have been a significant consideration for the order — Disputed contentions regarding applicants' financial position — Variation application refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: BCEG International (Australia) Pty Ltd v Xiao [2022] NSWSC 972 BCEG International (Australia) Pty Ltd v Xiao [2021] NSWSC 1027 Douglas v John Fairfax & Sons Ltd [1983] 3 NSWLR 126 Category: Principal judgment Parties: BCEG International (Australia) Pty Ltd (Plaintiff / Respondent on Notice of Motion filed 13 January 2023) Yu Xiao (First Defendant / First Applicant on Notice of Motion filed 13 January 2023) Yanying Chen (Second Defendant / Second Applicant on Notice of Motion filed 13 January 2023) Interlink Laboratory Pty Ltd (Third Defendant) Interlink Wagga Central Pty Ltd (Fourth Defendant) West Wyalong Marketplace Pty Ltd (Fifth Defendant) Representation: Counsel: Mr D Williams SC / Mr N Riordan (Plaintiff / Respondent on Notice of Motion filed 13 January 2023) Mr B Le Plastrier (Defendants / Applicants on Notice of Motion filed 13 January 2023)