Xu v Cao & Du Management Pty Ltd; Cao v Tung Chit Real Estate Investment Australia Pty Ltd [2025] NSWSC 136

Supreme Court New South Wales

Medium Neutral Citation: Xu v Cao & Du Management Pty Ltd; Cao v Tung Chit Real Estate Investment Australia Pty Ltd [2025] NSWSC 136 Hearing dates: 26 February 2025 Date of orders: 26 February 2025 Decision date: 26 February 2025 Jurisdiction: Common Law Before: Campbell J Decision: Proceedings 2022/78620: 1. Fix the matter for hearing commencing on 1 September 2025 with an estimate of 8 days. 2. The Defendant is to deliver a list of proposed categories for discovery to the Plaintiff by 28 February 2025. 3. The Plaintiff is to indicate to the Defendant whether discovery is disputed either in whole or in part, and if in part, indicate the categories to which the Plaintiff is prepared to agree by 7 March 2025. 4. In the event of disputed categories, the Defendant is to file a motion for discovery and an affidavit in support in the Registry by 14 March 2025. 5. The requirement of the general practice note applies in relation to preparation for hearing. 6. Note that the Defendant has outstanding expert evidence due by 28 March 2025. 7. Grant liberty for the parties to apply with short notice to the Court and to each other. 8. The Notice of Motion of 10 December 2024 is otherwise dismissed. 9. The costs of each party are costs in the cause. Proceedings 2024/320302: 1. The Notice of Motion filed on 11 December 2024 is dismissed. 2. The costs of each party are costs in the cause. Catchwords: CIVIL PROCEDURE – Hearings – order sought that separate proceedings be heard together – where there is a common witness – where there is a common factual matrix CIVIL PROCEDURE – Hearings – order sought for expedition – where there is an attenuated financial position of a defendant Cases Cited: Jiaqing Xu v Cao & Du Management Pty Ltd (No 2) [2024] NSWSC 1596 Category: Procedural rulings Parties: Proceedings 2022/78620: