In the matter of SCW (Express Detailing) Pty Ltd [2011] NSWSC 688

Supreme Court New South Wales

Medium Neutral Citation: In the matter of SCW (Express Detailing) Pty Ltd [2011] NSWSC 688 Decision date: 28 June 2011 Before: White J Decision: Order that the amended originating process be dismissed and that the plaintiff pay the defendants' costs. Catchwords: PRACTICE AND PROCEDURE - summary dismissal - application for dismissal for want of prosecution - where plaintiff does not have an address of service in New South Wales - where no appearance for plaintiff for hearing of interlocutory applications - where plaintiff failed comply with court orders in relation to filing of evidence in support of interlocutory application and against defendants application for security of cost - where plaintiff has done nothing to bring interlocutory application on for hearing - where inference that if plaintiff proposed to seek to have claim heard and determined he would have taken steps to pursue application - held proceedings should be dismissed for plaintiff's failure to prosecute proceedings with due despatch

PRACTICE AND PROCEDURE - costs - application for security for costs - where plaintiff foreign resident - where not clear that plaintiff is resident of Hong Kong or has assets there - whether security for costs should relate to the costs of the proceedings or be restricted to the costs of enforcing judgment in Hong Kong - defendants entitled to security for costs of the proceedings as may have to register a judgment in other parts of China where no reciprocal arrangements for enforcement of judgment Legislation Cited: Civil Procedure Act 2005 Foreign Judgments (Reciprocal Enforcement) Ordinance Cases Cited: Barton v Minister for Foreign Affairs [1984] 2 FCR 463 Connop v Varena Pty Ltd [1984] 1 NSWLR 71 Dense Medium Separation Powders Pty Limited v Gondwana Chemicals Pty Limited [2011] NSWCA 84 MindShare Communications Ltd v Orleans Investments Pty Ltd [2000] FCA 521 Maxim's Caterers Ltd v Magnona Pty Ltd (No 1) [2010] FCA 450. Logue v Hansen Technologies Ltd [2003] FCA 81; (2003) 125 FCR 590 Category: Principal judgment Parties: Sun Lee (Plaintiff) Steven Chi Lok Cheung (First Defendant) Charlie Cheung (Second Defendant) Yuk Ying Law (Third Defendant) SCW (Express Detailing) Pty Ltd ABN 65 111 510 662 (Fourth Defendant) Representation: F Moorhouse (1st-3rd Defendants) Helen Sin Legal Pty Ltd (1st-3rd Defendants) File Number(s): 2010/64119