Lien Hoa Women Buddhist Meditation Centre Incorporated v KL Aussie Pty Ltd [2024] NSWSC 1562

Supreme Court New South Wales

Medium Neutral Citation: Lien Hoa Women Buddhist Meditation Centre Incorporated v KL Aussie Pty Ltd [2024] NSWSC 1562 Hearing dates: 04 December 2024 Date of orders: 04 December 2024 Decision date: 04 December 2024 Jurisdiction: Common Law Before: Price AJ Decision: 1. The application to vacate the hearing is granted. 2. The defendants are to pay the plaintiff's costs occasioned by the hearing date being vacated as agreed or assessed. 3. Leave is granted to the plaintiff to file and serve an amended statement of claim by 11 December 2024. 4. Leave is granted to the defendants to file and serve an amended defence by 23 December 2024 5. The defendants are to serve any evidence upon which they intend to rely by 24 January 2025 6. The plaintiff is to serve any evidence upon which it intends to rely by 7 February 2025 7. The matter is listed for hearing on 17 February 2025 with an estimate of a day and a half. 8. Liberty is granted to either party to restore the matter to the list with 3 days' notice to the other. 9. The parties are to comply so much as possible with Annexure A to the Common Law Division practice notes. Catchwords: CIVIL PROCEDURE – application to vacate hearing – matter set down as undefended – dictates of justice Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: KL Aussie Pty Ltd v Lien Hoa Women Buddhist Meditation Centre (Chua Lien Hoa) Incorporated (No. 2) [2023] NSWSC 404 Category: Procedural rulings Parties: Lien Hoa Buddhist Meditation Centre Incorporated (Plaintiff) KL Aussie Pty Ltd (First Defendant) Huynh Luan Lam (Second Defendant) Thi Ngoc Lieu Pham (Third Defendant) Representation: Counsel: E Cohen (Plaintiff) N Mirzai (First, Second and Third Defendants)