Li v Wang & Ors [2023] NSWSC 878

Supreme Court New South Wales

Medium Neutral Citation: Li v Wang & Ors [2023] NSWSC 878 Hearing dates: 24 July 2023 25 July 2023 Date of orders: 25 July 2023 Decision date: 27 July 2023 Jurisdiction: Common Law Before: Weinstein J Decision: See [38] Catchwords: CIVIL PROCEDURE – amendment of Statement of Claim – no question of principle CIVIL PROCEDURE – subpoenas – apparent relevance – no question of principle CIVIL PROCEDURE – security for costs – ordinarily resident outside Australia – no question of principle Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Bin Li v Changshun Wang & Jianrong Su [2023] NSWSC 848 Li v Wang and Anor [2022] NSWSC 653 Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Procedural rulings Parties: Bin Li (plaintiff) Changshun Wang (first defendant) Jianrong Su (second defendant) Representation: Counsel: H Fielder (plaintiff) N Kabilafkas (second defendant)

Solicitors: Lawside Lawyers (plaintiff) Luminous Legal (second defendant) File Number(s): 2021/33014 Publication restriction: Nil

JUDGMENT 1. Before me are three notices of motion. The first is a motion filed by the plaintiff on 11 May 2023 seeking an order pursuant to ss 64 and 65 of the Civil Procedure Act 2005 (CPA) that the plaintiff be granted leave to file and serve an Amended Statement of Claim. The second motion, filed by the second defendant on 13 April 2023, seeks orders setting aside three subpoenas. The third motion, filed by the second defendant on 27 March 2023, seeks an order that the plaintiff provide security for the second defendant's costs. 2. On 25 July 2023, I made orders granting the plaintiff leave to file an Amended Statement of Claim, dismissing the motion to set aside the subpoenas, and requiring the plaintiff to pay $100,000 into court as security for the second defendant's costs.