Zhou v Jing [2023] NSWSC 214

Supreme Court New South Wales

Medium Neutral Citation: Zhou v Jing [2023] NSWSC 214 Hearing dates: 6 March 2023 to 7 March 2023 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Common Law Before: Elkaim AJ Decision: (1) Judgment for the first defendant. (2) The plaintiff is to pay the first defendant's costs of the proceedings. (3) The parties have leave to apply for any alternate costs order. Catchwords: PRIVATE INTERNATIONAL LAW - foreign judgment – default judgment obtained in China – enforcement by common law principles – denial of procedural fairness arising from defective service and not being aware of the foreign litigation Legislation Cited: Certain Provisions of the Supreme People's Court on the Service of Civil Litigation Documents by Way of Court Express (2004) Art 1(2) Civil Procedure Law of the People's Republic of China (Revised in 2017), Arts 85, 92, 200, 205 Foreign Judgements Act 1991 (Cth) Cases Cited: Adams v Cape Industries Plc [1990] CH 433 Bao v Qu; Tian (No 2) [2020] NSWSC 588 Boele v Norsemeter Holding AS [2002] NSWCA 363 Liu v Ma [2017] VSC 810 Shamma v Jawad [2022] EWHC 2897 (KB) Xu v Wang [2019] VSC 269 Agbara v Shell Petroleum Development Co of Nigeria Ltd [2019] EWHC 3340 (QB) Category: Principal judgment Parties: Anna Zhou (Plaintiff) Xiaoli Jing (Defendant) Representation: Counsel: P Cutler (Plaintiff) A Macauley (Defendant)