Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (No 2) [2010] NSWSC 305

New South Wales Supreme Court

CITATION : Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (No 2) [2010] NSWSC 305

HEARING DATE(S) : Written submissions consequential on earlier hearing

JUDGMENT DATE : 21 April 2010

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

(i) The second and third defendants serve upon the plaintiffs a supplementary verified list of documents in respect of all documents, within their possession, custody or control, in the following categories: (a) all documents relating to the overseas loans, investments or assets in respect of which the withholding tax payments were made by the First Defendant as appear in the Yingle account Bank Statements at documents 1, 2, 3 and 4 of the Second and Third Defendants' verified list of documents; (b) all documents identifying the bank account from which monies were transferred into the Yingle account in May 2005.

DECISION : (ii) The aforesaid supplementary verified list of documents shall be served upon the plaintiffs by 4.00pm on Wednesday 12 May 2010.

(iii) The plaintiffs are to inspect the aforesaid further discovered documents by Wednesday 26 May 2010.

(iv) The second and third defendants provide a written submission on the costs of the notice of motion dealt with in the judgments of this Court of 26 February 2010 and of 21 April 2010 by close of business 28 April 2010.

CATCHWORDS : PRACTICE AND PROCEDURE – discovery – objection to categories as irrelevant – supplementary categories – consideration of relevance – no issues of principle – objection disallowed

CATEGORY : Procedural and other rulings

CASES CITED : Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) [2010] NSWSC 107