Zhu v Chen [2023] NSWSC 267

Supreme Court New South Wales

Medium Neutral Citation: Zhu v Chen [2023] NSWSC 267 Hearing dates: 16 March 2023 Date of orders: 16 March 2023 Decision date: 16 March 2023 Jurisdiction: Equity Before: Henry J Decision: Leave granted under r 12.1(1)(b) UCPR to discontinue the proceedings against the second defendant, with the notice of discontinuance to be filed and served within seven days. Catchwords: PRACTICE AND PROCEDURE — discontinuance against second defendant — discretion to grant leave — first and third defendants neither oppose nor consent to discontinuance — no significant injustice where remaining defendants can claim concurrent or proportionate liability — no actual disadvantage in terms of evidence — no impediment to bringing cross-claim — interest in refraining from compelling a party to litigate against its will Legislation Cited: Australian Competition and Consumer Act 2010 (Cth) Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Ann Street Mezzanine Pty Ltd v Beck [2011] FCA 614 Australian Bureau of Monitoring Pty Ltd v Rufford [2023] NSWSC 56 Levy v Bablis [2009] NSWSC 740 Trade Practices Commission v Manfal (No 3) (1991) 33 FCR 382; [1991] FCA 650 Category: Procedural rulings Parties: Wenhua Zhu (First Plaintiff) GM & Co Investments Pty Ltd (Second Plaintiff) Neo Jian Chen (First Defendant) Fenglin Zhu (Second Defendant) ABC International Education Group Pty Ltd (Third Defendant) Representation: Counsel: C Robinson for the Plaintiffs S J Burchett for the First and Third Defendants