Winau Aust Pty Ltd v LCC Property Development Pty Ltd (No 2) [2023] NSWSC 1501

Supreme Court New South Wales

Medium Neutral Citation: Winau Aust Pty Ltd v LCC Property Development Pty Ltd (No 2) [2023] NSWSC 1501 Hearing dates: 4 December 2023 Date of orders: 4 December 2023 Decision date: 04 December 2023 Jurisdiction: Equity Before: McGrath J Decision: See [17] Catchwords: PRACTICE AND PROCEDURE — judgments and orders — application for claim brought by third plaintiff to be dismissed and cross-claim brought by first cross-claimant to be discontinued and the proceedings be otherwise dismissed which would have the effect of resolving hard fought, complex and long-running proceedings — Uniform Civil Procedure Rules 2005 (NSW), r 12.1 — no order as to costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: 183 Eastwood Pty Ltd v Dragon Property Development & Investment Pty Ltd [2023] NSWCA 146 Chen v Fang [2019] NSWSC 960 Furnish & Finish Pty Ltd v Hollands [2020] NSWSC 1593 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84 Winau Aust Pty Ltd v LCC Property Development Pty Ltd [2023] NSWSC 1355 Category: Principal judgment Parties: Winau Aust Pty Ltd (ACN 614 471 984) (First Plaintiff) Shunjiyuan Investments Pty Ltd (Second Plaintiff) 183 Eastwood Pty Ltd ATF the Eastwood Unit Trust (Receivers and Managers appointed) (Third Plaintiff/First Cross-defendant) LCC Property Development Pty Ltd (Receivers and Managers appointed) (ACN 614 285 531) (First Defendant/Third Cross-defendant) (No appearance) Ippin Textiles Pty Ltd (Third Defendant/First Cross-claimant) Jia He Family Investments Pty Ltd (Fourth Defendant/Second Cross-claimant) M Wang Family Pty Ltd (Fifth Defendant/Third Cross-claimant) LV EDSB Pty Ltd (Sixth Cross-defendant) (No appearance) Minghao Investment Pty Ltd (Seventh Cross-defendant) (No appearance) Vicky and Winnie Pty Ltd (Eighth Cross-defendant) (No appearance) John Tak Chin Lau (Ninth Cross-defendant) (No appearance) Steven Zhuogon Ju (Eleventh Cross-defendant) CK Consulting Pty Ltd (Eighth Defendant/Twelfth Cross-defendant) L'Orient Legal Pty Ltd (Twelfth Defendant) Representation: Counsel: J Foley (Third, Fourth, Fifth, Eighth and Twelfth Defendants)