Yao v Hu [2023] NSWSC 1090

Supreme Court New South Wales

Medium Neutral Citation: Yao v Hu [2023] NSWSC 1090 Hearing dates: 31 August 2023 Date of orders: 7 September 2023 Decision date: 07 September 2023 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff is granted leave to file the proposed amended statement of claim. (2) The proposed amended statement of claim is to be filed and served within 14 days; and (3) The costs of the notice of motion are costs in the cause. Catchwords: CIVIL PROCEDURE – Statement of Claim – Amendment Powers – Addition of statute-barred cause of action – Leave to Amend – Addition of Australian Consumer Law Claim – Leave granted. Legislation Cited: Civil Procedure Act 2005 (NSW) ss 64, 65, 58, 59 and 60 Competition and Consumer Act 2010 (Cth) Schedule 2, ss 54 and 55. Limitation Act 1969 (NSW) ss 50C and 50D Uniform Civil Procedure Rules 2005 (NSW) r 2.1 Cases Cited: PSL Industries Limited v Simplot Australia Pty Ltd (2003) 7 VR 106 Category: Procedural rulings Parties: Guohong Yao (Plaintiff) Lei Luo Hu (Defendant) Representation: Counsel: J. Downing SC (Plaintiff) D.A. Priestley (Defendant)

Solicitors: Slater & Gordon (Plaintiff) McCulloch & Buggy (Defendant). File Number(s): 2021/183220

Judgment 1. By notice of motion filed on 4 July 2023, the plaintiff seeks the Court's leave to file a proposed amended statement of claim ('PASC'). 2. The plaintiff is Gouhong Yao. The defendant is Lei Luo Hu. The plaintiff is represented by J. Downing SC of counsel. The defendant is represented by D. A. Priestley of counsel. The plaintiff relies on the affidavits of his solicitor, Yevgeny Volodimirovich Bagrin ('the plaintiff's solicitor') dated 27 September 2022, 21 October 2022 and 7 August 2023.