Fujian Rongtaiyuan Industrial Co Ltd v ZHAN [2024] NSWSC 1318

Supreme Court New South Wales

Medium Neutral Citation: Fujian Rongtaiyuan Industrial Co Ltd v ZHAN [2024] NSWSC 1318 Hearing dates: 13 August 2024; 14 August 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Common Law Before: Garling J Decision: (1) Direct the parties to confer and agree upon the form of the orders which the Court should make and provide to the Court, within 14 days of delivery of this judgment, with either an agreed form of orders or else the orders which each party contends should be made. (2) Order the defendant to pay the plaintiff's costs of these proceedings. Catchwords: PRIVATE INTERNATIONAL LAW – Foreign judgments and orders – Recognition or enforcement at common law – Enforcement of judgment from the People's Republic of China – Whether the defendant was a party to the contract in his personal capacity – Whether the orders of the Fujian High People's Court are to be construed as imposing joint and several obligations on each of the defendants in the proceedings in China to pay the monies – Judgment enforced. Legislation Cited: Civil Procedure Act (NSW) 2005 Cases Cited: Bao v Qu; Tian (No 2) [2020] NSWSC 588; (2020) 102 NSWLR 435 Benefit Strategies Group Inc v Prider [2005] SASC 194; (2005) 91 SASR 544 Doe v Howard [2015] VSC 75 Schnabel & Ors v Lui & Ors [2002] NSWSC 15 Texts Cited: Not Applicable Category: Principal judgment Parties: Fujian Rongtaiyuan Industrial Co Ltd (P) King Zhan (D) Representation: Counsel: J Hogan-Doran SC (P) J Kay-Hoyle SC / T Scott (D)