Zhengzhou Lvdu Real Estate Group Co Ltd v Shu [2024] NSWSC 58

Supreme Court New South Wales

Medium Neutral Citation: Zhengzhou Lvdu Real Estate Group Co Ltd v Shu [2024] NSWSC 58 Hearing dates: 1 February 2024 Date of orders: 1 February 2024 Decision date: 06 February 2024 Jurisdiction: Equity Before: Nixon J Decision: The Court orders: (1) Judgment for the Plaintiff in the sum of ¥318,827,295.13, in respect of the judgment of the Zhengzhou Intermediate People's Court of Henan Province, People's Republic of China, dated 4 September 2020 in proceedings (2020) Yu 01 Min-Chu No 503. (2) The Defendant is to pay the Plaintiff's costs of the proceeding. (3) If the Defendant wishes to apply to set aside either or both of Orders 1 and 2 under Uniform Civil Procedure Rules 2005 (NSW) r 36.16(2)(b), the Defendant is to file and serve a notice of motion seeking that relief and any supporting evidence on or before 22 February 2024. (4) The Plaintiff is to serve by e-mail and post on the Defendant a copy of these orders and a transcript of today's hearing on or before 8 February 2024. The Court NOTES that interest on the sum in Order 1 will accrue in accordance with the Civil Procedure Act 2005 (NSW) s101. Catchwords: PRIVATE INTERNATIONAL LAW – Foreign judgments and orders – Recognition or enforcement at common law – People's Republic of China – Zhengzhou Intermediate People's Court of Henan Province – Judgment enforced Legislation Cited: Civil Procedure Act 2005 (NSW), s101 Foreign Judgments Act 1991 (Cth) Foreign Judgment Regulations 1992 (Cth) Cases Cited: Bank of China Ltd v Chen [2022] NSWSC 749 Bank of China Ltd v Chen (No 2) [2022] NSWSC 1168 Bao v Qu; Tian (No 2) (2020) 102 NSWLR 435; [2020] NSWSC 588 Nouvion v Freeman (1889) 15 App Cas 1 Tianjin Yingtong Materials Co Ltd v Young [2022] NSWSC 943 Anna Zhou v Xiaoli Jing [2023] NSWSC 214 Texts Cited: M Davies et al, Nygh's Conflict of Laws in Australia (10th ed, 2020, LexisNexis Butterworths) Category: Principal judgment Parties: Zhengzhou Lvdu Real Estate Group Co Ltd (Plaintiff) Pujuan Shu (Defendant) Representation: Counsel: DJ Townsend (Plaintiff) There was no appearance for the Defendant Solicitors: JurisBridge Legal (Plaintiff) File Number(s): 2023/00299168 Publication restriction: Nil