Zhu v Yingle Culture Exchange (Australia) Pty Ltd (in liquidation) [2009] NSWSC 897

New South Wales Supreme Court

CITATION : Zhu v Yingle Culture Exchange (Australia) Pty Ltd (in liquidation) [2009] NSWSC 897

HEARING DATE(S) : 13 August 2009

JUDGMENT DATE : 13 August 2009

JUDGMENT OF : Harrison J

1. I grant leave to the plaintiffs to file in court a notice of motion dated 12 August 2009, returnable instanter. DECISION : 2. Pursuant to UCPR 21.7, I grant leave to the first plaintiff and the second plaintiff to produce to the Federal Court of Australia such documents as are referred to in a subpoena issued out of that Court to them in proceedings number NSD 92/2009. 3. I note that the grant of leave made by me in order 2 is not to be construed, or to be used, as an expression of a view about whether or not the documents which are the subject of the subpoena and of the leave are amenable to use for any purpose in the proceedings in the Federal Court of Australia in which the subpoena has issued. 4. I order that the second and third defendants pay the plaintiffs' costs of this application

CATCHWORDS : PROCEDURE – UCPR 21.7(1) – implied undertaking - application for leave to disclose - where discovered documents subpoenaed for use in Federal Court proceedings – where recipients of subpoena unwilling to produce documents without leave of the Court – whether implied obligation yields to subpoena as a requirement of curial process in other litigation - whether leave necessary – whether application warranted

LEGISLATION CITED : Uniform Civil Procedure Rules 2005

CATEGORY : Procedural and other rulings

CASES CITED : Bell Group Limited (in liq) v Westpac Banking Corporation [1998] FCA 849; 166 ALR 699

Yi Lin Zhu (First Plaintiff) Lei Jaing (Second Plaintiff) PARTIES : Yingle Culture Exchange (Australia) Pty Ltd (in liquidation) (First Defendant) Dai Qin Fen (Second Defendant) Bai Carter (Third Defendant)