Kang v Yao [2024] NSWSC 361

Supreme Court New South Wales

Medium Neutral Citation: Kang v Yao [2024] NSWSC 361 Hearing dates: 2 and 3 April 2024 Date of orders: 3 April 2024 Decision date: 08 April 2024 Jurisdiction: Equity Before: Pike J Decision: (1) The hearing commencing 8 April 2024 be vacated. (2) The costs occasioned by reason of the vacation of the hearing date be costs in the cause. (3) The matter of Li v Wise Investments International Pty Ltd & Ors 2024/00122564 be heard and case managed concurrently with the substantive proceedings, being Kang & Ors v Yao & Ors 2021/00195910. Catchwords: PRACTICE AND PROCEDURE – pleadings – amendment of defence – late application of second defendant seeking leave to amend defence and adduce further evidence – necessity to vacate final hearing dates in the interests of justice – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Drabsch v Switzerland General Insurance Co. Limited (Supreme Court (NSW), Santow J, 16 October 1996, unreported) Texts Cited: Nil Category: Procedural rulings Parties: Yuanyuan Kang (First Plaintiff) Yucheng Xinye Investment Pty Ltd ACN 629 869 206 (Second Plaintiff) Guangyuan Trading Pty Ltd ACN 631 298 685 (Third Plaintiff) Wenliang Yao (First Defendant) Quiyue Li (Second Defendant) Coal Creek Angus Australia Pty Ltd ACN 626 250 351 (Third Defendant) Representation: Counsel: T. Bors (Plaintiffs) E. Holmes with H. Cooper (First and Third Defendants) A. Munro with J. Buncle (Second Defendant)