Zhu v Yingle Culture Exchange (Australia) Pty Limited; Zhu v Dai [2011] NSWSC 1339

Supreme Court New South Wales

Medium Neutral Citation: Zhu v Yingle Culture Exchange (Australia) Pty Limited; Zhu v Dai [2011] NSWSC 1339 Hearing dates: 3 November 2011 Decision date: 03 November 2011 Before: Rothman J Decision: In matter number 20211 of 2008 ( 2008/00289276) : 1. The defendants shall by 4pm on 25 November 2011 file and serve a full affidavit of discovery and production of documents that: a. lists all documents that are, or have been, in the last 5 years, in the possession of the defendants; and b. to the extent to which such documents are no longer in their possession, lists, to the best of their knowledge, where those documents are. 2. The second and third defendants pay the plaintiff's costs of and incidental to the motions, including the costs of investigating and securing the compliance with the orders of his Honour Justice Rothman, made on 21 April 2010 and 24 May 2011 on a full indemnity basis. Costs are to be payable forthwith. 3. If the defendants fail to comply with Order 1 herein, then the following orders shall issue at 4pm 28 November 2011: i. The further defence to the amended statement of claim of the second and third defendants filed on 30 May 2008 is struck out in accordance with section 61(3)(c) of the Civil Procedure Act 2005 and further and in the alternative, rule 12.7 of the Uniform Civil Procedure Rules 2005. ii. Judgment against each of the second and third defendants, in accordance with section 61(3)(c) of the Civil Procedure Act 2005 and further and in the alternative, rules 16.2(1)(c) and 16.3 of the Uniform Civil Procedure Rules 2005 and further and in the alternative pursuant to the inherent jurisdiction of the Court. iii. Leave is granted in accordance with rule 29.7 and 33.9(3) to disclose documents obtained in these proceedings to the Director of Public Prosecutions. iv. The second and third defendants pay the costs of and incidental to the proceedings, as agreed or assessed. In the proceedings 185762 of 2011: 1. The defence to the amended statement of claim of the first and second defendants filed on 30 September 2011 is struck out in accordance with rule 14.28 of the Uniform Civil Procedure Rules 2005 2. The first and second defendants pay the plaintiffs' costs of and incidental to this motion as agreed or assessed. 3. By 4 pm, 25 November 2011, the defendants shall file and serve a defence in proper form to the amended statement of claim. 4. In default of order 3 above, then at 4pm, 28 November 2011, the following orders shall take effect: i. Judgment for the plaintiffs in accordance with the Uniform Civil Procedure Rules 2005, rule 16.2(1)(c); ii. The second defendants pay the plaintiffs' costs of and incidental to the proceedings as agreed or assessed. Catchwords: PROCEDURE - civil - strike out; application to , self-executing orders made and defence struck out Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Category: Procedural and other rulings Parties: In proceedings 289276 of 2008: Yi Lin Zhu (first applicant) Lei Jiang (second applicant) Yingle Culture Exchange (Australia) Pty Ltd (first respondent) Carter Bai (second respondent)