Jiang v Han (No 2) [2025] NSWSC 48

Supreme Court New South Wales

Medium Neutral Citation: Jiang v Han (No 2) [2025] NSWSC 48 Hearing dates: 7 February 2025 Date of orders: 13 February 2025 Decision date: 13 February 2025 Jurisdiction: Common Law Before: Schmidt AJ Decision: (1) The cross-claimants' motion is dismissed. (2) Pursuant to r 42.21(1) of the Uniform Civil Procedure Rules 2005 (NSW), the cross-claimants are to provide further security for the cross-defendant's costs of the amended cross-claim in the sum of $185,000.00 within 14 days, such security to be provided by way of: (a) Payment into court; (b) An unconditional bank guarantee, in a form acceptable to the cross-defendant, from an authorised deposit-taking institution within the meaning of the Banking Act 1959 (Cth); or (c) Such other method ordered by the Court. (3) In the event that the security ordered is not provided within the time specified, that the cross-claim be stayed until further order. (4) The cross-claimants are to pay the cross-defendant's costs of the motions, as agreed or assessed. Catchwords: CIVIL PROCEDURE – application to set aside a notice to produce documents and a subpoena to produce documents – where parties have not served evidence ordered by court – where defendant claims that evidence is not materially relevant, lacks a legitimate forensic purpose and may breach confidentiality – application dismissed CIVIL PROCEDURE – costs – application for further security for costs – where material change in circumstances established – where considerably longer hearing fixed – where damages sought considerably increased – where defendant is in breach of the Court's orders to serve evidence –further security ordered Legislation Cited: Banking Act 1959 (Cth) Civil Procedure Act 2005 (NSW), ss 56, 56(3), 57(1), 58(2) Competition and Consumer Act 2010 (Cth) Competition and Consumer Act 2010 (Cth), Sch 2 – Australian Consumer Law, s 18 Corporations Act 2001(Cth), s 201A Limitation Act 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 14.7, 14.8 Cases Cited: Brundza v Robbie & Co (No 2) (1952) 88 CLR 171; [1952] HCA 49 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Jiang v Han [2022] NSWSC 1398 Jiang v Han and Fortune New City (Yarraville) Development Ltd (unreported 24 September 2021) Mr D v Ms P [2020] NSWCA 174 Category: Procedural rulings Parties: Zhao Qing Jiang (Plaintiff/Cross-Defendant) Kairan Han (First Defendant/Cross-Claimant) Fortune New City (Yarraville) Development Pty Ltd (Second Defendant/Cross-Claimant) Representation: Counsel: Mr P Reynolds (Plaintiff) Mr C Robinson (First Defendant/Second Defendant/Cross-Claimants) Mr A Blair (First Defendant/Second Defendant/Cross-Claimants)