Yuan v Huang [2024] NSWSC 313

Supreme Court New South Wales

Medium Neutral Citation: Yuan v Huang [2024] NSWSC 313 Hearing dates: 19 March 2024 Date of orders: 19 March 2024 Decision date: 19 March 2024 Jurisdiction: Equity Before: Pike J Decision: (1) The motion filed on 4 March 2024 as amended before me today be stood over to 9.30am on 4 April 2024. Catchwords: CIVIL PROCEDURE – pleadings – amendment – vacation of hearing dates – tendency to cause prejudice or delay – no question of principle Legislation Cited: Corporations Act 2001 (Cth) Civil Procedure Act 2005 (NSW) Cases Cited: Aon Risk Services Australia v Australian National University (2009) 239 CLR 175 Texts Cited: Nil Category: Principal judgment Parties: Jinghui Yuan (Plaintiff/Applicant) Jun Yu Huang (First Defendant/First Respondent) Yanyu Li (Second Defendant/Second Respondent) Representation: Counsel: M. Condon SC with H Zhao (Plaintiff/Applicant) J. Clifton (Second Defendant/Second Respondent)

Solicitors: Juris Cor Legal (Plaintiff) Legal Point Lawyers (First Defendant) Raymond Lee & Co (Second Defendant) File Number(s): 2021/161449 Publication restriction: Nil

JUDGMENT 1. Pursuant to leave granted by me earlier today, before the Court for hearing is an amended notice of motion by which the plaintiff relevantly seeks the following relief: [1] The hearing commencing on 3 June 2024 be vacated. [1A] In the alternative to prayer 1 above, the application referred to in prayer 2 below be adjourned to 9 April 2024 or a date as directed by the Court following the determination by the liquidators of Sunwin Investment Pty Ltd (ACN 629 705 933) of the Plaintiff's request to bring an insolvent trading claim against the Second Defendant with their consent under section 588R of the Corporations Act 2001 (Cth). 1. The amended motion seeks additional relief, but the plaintiff does not move the Court for that relief today. Prior to the amendments made today, the principal relief sought in the motion filed on 4 March 2024 was for leave to file and serve a further amended statement of claim adding, relevantly, an insolvent trading claim by the plaintiff against the second defendant. 2. The proceedings are presently listed before me for a five-day hearing commencing on 3 June 2024. They were listed for hearing by the Registrar on 7 August 2023. 3. The application is opposed by the second defendant. The first defendant is presently serving a custodial sentence for contempt arising out of breaches of earlier freezing orders and misleading the Court in these proceedings. He took no role on the motion today.