Nature’s Care Holdings Pty Ltd v Chen (No 3) [2024] NSWSC 245

Supreme Court New South Wales

Medium Neutral Citation: Nature's Care Holdings Pty Ltd v Chen (No 3) [2024] NSWSC 245 Hearing dates: 12 March 2024 Decision date: 13 March 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Order made pursuant to UCPR r 11.8AB that the defendants have leave to serve their Notices of Motion of 23 February 2024, and supporting affidavits, on the respondents outside Australia. Order made pursuant to UCPR r 10.14(3) that those documents be taken to have been served on those parties by delivery to Clifford Chance on 23 February 2024. Costs of the application reserved. Catchwords: CIVIL PROCEDURE – service outside of Australia – service of documents other than originating process – where defendants seek third party costs order against majority shareholders to plaintiffs – where majority shareholders incorporated in Singapore and the Cayman Islands – where those shareholders actively involved in events leading to the litigation – whether defendants require leave to serve those shareholders overseas – whether circumstances fall within Sch 6 of the UCPR – whether leave to serve overseas should be granted – whether motion delivered to solicitors acting for shareholders in wider dispute albeit not in relation to the third party costs application itself should be taken to have been served on shareholders Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Arhill Pty Ltd v General Terminal Co Pty Ltd (1990) 23 NSWLR 545 Australian Securities and Investments Commission v Sweeney [2001] NSWSC 114 Brighton Automotive Holdings Pty Ltd v Honda Australia Pty Ltd [2021] VSR 757 Building Insurers' Guarantee Corporation v Eddie [2008] NSWSC 195 Capral Ltd v DNV AS [2024] NSWSC 96 Flo Rida v Mothership Music Pty Ltd [2013] NSWCA 268 Floth Pty Ltd v Bulseco [2015] NSWSC 2076 Independent Liquor & Gaming Authority v Melco Resorts & Entertainment Ltd [2022] NSWSC 294 Laurie v Carroll (1958) 98 CLR 310; [1958] HCA 4 Mobis Parts Australia Pty Ltd v XL Insurance Company SE [2016] NSWSC 1357 Nature's Care Holdings Pty Ltd v Chen (No 2) [2024] NSWSC 107 Texts Cited: I C F Spry, The principles of equitable remedies: specific performance, injunctions, rectification and equitable remedies (4th ed, 1990, Law Book Co) Category: Procedural rulings Parties: Nature's Care Holdings Pty Limited (First Plaintiff) Nature's Care Group Pty Limited (Second Plaintiff) AJ & Son Investment Pty Limited (Third Plaintiff) Nature's Care Manufacture Pty Limited (Fourth Plaintiff) Nature's Care Global Franchising Pty Limited (Fifth Plaintiff) Australia Nature's Care Biotech Co. Ltd (Sixth Plaintiff) Jina Chen (First Defendant) Michael Wu (Second Defendant) AS Investment Vehicle Pty Limited (Third Defendant) JIC Nature Capital Pte Ltd (First Respondent) Tamar Alliance Health Ltd (Second Respondent) Representation: Counsel: I J King (Plaintiffs) A Horvath SC / P Afshar / R K Jameson (First and Second Defendants) D L Williams SC / N D Riordan (Third Defendant) M R Elliott SC (Respondents)