BCEG International (Australia) Pty Ltd v Xiao [2023] NSWSC 57

Supreme Court New South Wales

Medium Neutral Citation: BCEG International (Australia) Pty Ltd v Xiao [2023] NSWSC 57 Hearing dates: 1 February 2023 Date of orders: 8 February 2023 Decision date: 08 February 2023 Jurisdiction: Equity Before: Darke J Decision: First, second, fourth and fifth defendants found to be guilty of various contempts of court, as described in [63]. Catchwords: CONTEMPT – civil contempt – breach of asset preservation orders – breach of undertakings to the Court – where mortgage is granted by corporate defendant over real property without notice being provided to the plaintiff as required by Court order – whether director of corporate defendant is also liable in respect of breach of Court order – where undertaking to release real property from mortgage is not fulfilled – where monies are dealt with and disbursed in breach of undertaking to the Court – where there has been a failure to provide information as required by a Court order – whether the conduct of the defendants otherwise interferes with or obstructs the course of justice so as to give rise to liability for contempt Legislation Cited: Personal Property Securities Act 2009 (Cth) Cases Cited: Attorney-General for Tuvalu v Philatelic Distribution Corporation Ltd [1990] 1 WLR 926 Australasian Meat Industry Employees Union v Mudginberri Station Pty Ltd (1986) 161 CLR 98 BCEG International (Australia) Pty Ltd v Xiao [2022] NSWSC 972 Burnes v Trade Credits Ltd [1981] 1 NSWLR 93 Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 Hearne v Street (2008) 235 CLR 125; [2008] HCA 36 Huang v Liao [2022] NSWSC 347 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 London Financial Association v Kelk (1884) 26 Ch D 107 Mahaffy v Mahaffy (2018) 97 NSWLR 119; [2018] NSWCA 42 Pang v Bydand Holdings Pty Ltd [2011] NSWCA 69 Seaward v Paterson [1897] 1 Ch 545 Sun v He [2020] NSWSC 802 Witham v Holloway (1995) 183 CLR 525 Z Ltd v A-Z and AA-LL [1982] QB 558 Zhu v Treasurer of the State of New South Wales (2004) 218 CLR 530; [2004] HCA 56 Category: Procedural rulings Parties: BCEG International (Australia) Pty Ltd (Plaintiff) Yu Xiao (First Defendant) Yanying Chen (Second Defendant) Interlink Laboratory Pty Ltd (Third Defendant) Interlink Wagga Central Pty Ltd (Fourth Defendant) West Wyalong Marketplace Pty Ltd (Fifth Defendant) Representation: Counsel: Mr D L Williams SC with Mr N D Riordan (Plaintiff) Mr D B Studdy SC with Mr B Le Plastrier (First, Second, Fourth and Fifth Defendants)