Jiaqing Xu v Cao & Du Management Pty Ltd [2024] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: Jiaqing Xu v Cao & Du Management Pty Ltd [2024] NSWSC 1474 Hearing dates: 15 November 2024 Date of orders: 15 November 2024 Decision date: 15 November 2024 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: (1) Grant the orders sought in the plaintiff's amended notice of motion except for orders 8 and 9 of annexures A and B. (2) List the matter for hearing on Friday, 29 November 2024 with an estimate of half a day. (3) Case management orders made (see paragraph [22]). Catchwords: CIVIL LAW – urgent interim application for property preservation orders – matter listed for hearing on less than one days' notice – where defendants not opposing making of orders in the short term – dispute as to the form of the orders – where evidence suggests transfer of defendant's assets to his wife or ex-wife – duelling forms of order – unconvincing arguments about non-specific carve outs for sums up to twenty thousand dollars – "something a little bit different" – orders proposed by plaintiff providing greater clarity and certainty – whether orders should be made requiring defendant to disclose assets – not warranted in view of proximity of hearing – order directing defendant to provide information not made Legislation Cited: Contracts Review Act 1980 (NSW) Uniform Civil Procedure Rules 2005 (NSW), Pt 25 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Cao v ISPT Pty Ltd [2024] NSWCA 188 ISPT Pty Ltd and AWPF Management No. 2 Pty Ltd v Cao and Zhao [2023] NSWSC 1115 Jackson v Sterling Industries Ltd (1987) 162 CLR 612; [1987] HCA 23 Mareva Compania Naviera SA v International Bulkcarriers SA [1980] 1 All ER 213 Patterson v BTR Engineering (Aust) Ltd (1989) 18 NSWLR 319 Category: Procedural rulings Parties: Jiaqing Xu (plaintiff) Cao & Du Management Pty Ltd (first defendant) Howard Hao Ting Cao (second defendant in the substantive proceedings, not present) Representation: Counsel: M Condon SC and J Hudson (plaintiff) R Alkadamani (first defendant)