Gang Xu v Oil Funds Management Pty Limited ACN 640 360 247 [2022] NSWSC 1790

Supreme Court New South Wales

Medium Neutral Citation: Gang Xu v Oil Funds Management Pty Limited ACN 640 360 247 [2022] NSWSC 1790 Hearing dates: 22 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: In the circumstances, I will: (1) stand this motion over before me to 10am on Wednesday, 1 February 2023, by which time the defendants would have filed their defence; (2) vacate the directions hearing before the Registrar on 6 February 2023; and (3) make orders for the future conduct of the matter on 1 February 2023. I order the first and second defendants to pay the plaintiff's costs of today's proceedings. Catchwords: CIVIL PROCEDURE – Freezing orders – Variation application – application to increase the maximum amount the defendants may spend on reasonable legal expenses – nature of defence not yet finalised – application premature Cases Cited: Deputy Commissioner of Taxation v Bolland [2012] FCA 1050 Goumas v McIntosh [2002] NSWSC 713 National Australia Bank Ltd v Human Group Pty Ltd (No 2) [2020] NSWSC 1900 Category: Procedural rulings Parties: Gang Xu (Plaintiff) Oil Funds Management Pty Ltd ACN 640 360 247 (First Defendant) Luo Qi (Second Defendant) Oli Private Investment Pty Limited ACN 629 430 280 (Third Defendant) Representation: Counsel: S Hallahan (Plaintiff)

Solicitors: Goodwin & Co Lawyers (Plaintiff) Dentons Australia (First and Second Defendants) File Number(s): 2022/364140 Publication restriction: None