Yan v The Won Capital Pty Ltd [2023] NSWSC 1506

Supreme Court New South Wales

Medium Neutral Citation: Yan v The Won Capital Pty Ltd [2023] NSWSC 1506 Hearing dates: 29 November 2023 Date of orders: 30 November 2023 Decision date: 05 December 2023 Jurisdiction: Equity Before: Richmond J Decision: 1. Grant the plaintiff leave to file and serve a further amended statement of claim. 2. The plaintiff to pay the costs of and occasioned by the amendment. 3. Plaintiff to pay the costs of the first, second and third defendants of the plaintiff's Notice of Motion filed on 30 October 2023. 4. Notice of Motion is otherwise dismissed Catchwords: CIVIL PROCEDURE — pleadings — amendment — delay — interests of justice — amendment permitted CIVIL PROCEDURE — pleadings — amendment —defendant subject to deed of company arrangement — leave required under Corporations Act 2001 (Cth) — amendment refused Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Cases Cited: Attard v James Legal Pty Ltd (2010) 80 ACSR 585; [2010] NSWCA 311 Dymocks Book Arcade Pty Ltd v Capral Ltd [2011] NSWSC 1423 Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498; [2012] HCA 7 Pavey & Matthews Ltd v Paul (1986) 162 CLR 221 Texts Cited: J D Heydon Heydon on Contract (Thomson Reuters, 2019) M Davies et al, Nygh's Conflicts of Laws in Australia (10th edition, LexisNexis, 2020) Category: Procedural rulings Parties: Jianhua Yan (Plaintiff) The Won Capital Pty Ltd (First Defendant) Wensheng Liu (Second Defendant) GR Capital Group Pty Ltd (Third Defendant) The One International Corporation Pty Ltd (Fourth Defendant) Xinfeng Australia International Pty Ltd (Fifth Defendant) Lan Liu (Sixth Defendant) Representation: Counsel: Mr DJ Delany (Plaintiff) Mr HK Insall SC (First to Fourth Defendants, Sixth Defendant)