Zhang v State of New South Wales [2012] NSWSC 327

Supreme Court New South Wales

Medium Neutral Citation: Zhang v State of New South Wales [2012] NSWSC 327 Hearing dates: 26/03/2012, 27/03/2012 Decision date: 11 April 2012 Jurisdiction: Common Law Before: Grove AJ Decision: Zhang v NSW Notice of Motion by defendant filed 9 November 2011 I order: 1. The plaintiff's claim for damages in respect of the Ping Ba Hotel be stayed until further order of the Court. 2. The plaintiff pay the defendant's costs thrown away by reason of the amendments to the plaintiff's Further Amended Statement of Claim. 3. Save the question of costs of the motion, the balance of applications in the motion refused. Liao v NSW Notice of Motion by defendant filed 9 November 2011 I order: 1. That the plaintiff pay the defendant's costs thrown away by reason of the amendments to the plaintiff's Further Amended Statement of Claim. 2. Save the question of costs of the motion, the remaining application in the motion refused. Zhang v NSW Amended Notice of Motion by plaintiff filed 20 March 2012 I order: 1. Paragraph 18 of the Defence to the Third Further Amended Statement of Claim struck out. 2. Applications to strike out paragraphs 12, 16, 17, 19, 19A and 19B of that Defence refused. 3. Application to direct the defendant to make admissions in accordance with annexure A to the Notice of Motion refused. Liao v NSW Amended Notice of Motion by plaintiff filed 21 March 2012 I order: 1. Paragraph 19 of the Defence to the Third Further Amended Statement of Claim struck out. 2. Applications to strike out paragraphs 13, 17, 18, 20, 21, 22, 25 and 30 of that Defence refused. 3. Application to direct the defendant to make admissions in accordance with annexure A to the Notice of Motion refused. All four Notices of Motion Costs of all motions reserved to be dealt with by the judge allocated to continue the case management of these actions or as that judge directs. Legislation Cited: Civil Procedure Act Law Reform (Vicarious Liability) Act 1983 Olympic Coordination Authority Dissolution Act 2002 Cases Cited: Ansett Transport Industries (Operations) Pty Ltd v Australian Federation of Air pilots (12 February 1990) Coopers Brewery Ltd v Panfida Foods Ltd (1992) 26 NSWLR 738 Fiduciary Ltd v Morningstar Research Pty Ltd (2004) 208 ALR 564 General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 Morris v Hanley [2001] NSWCA 374 Paino v Paino [2008] NSWCA 276 Palmer-Bruyn & Parker Pty Ltd v Parsons (2008) CLR 388 Reichel v Magrath (1889) 14 App Cas 665 Rookes v Banard [1964] AC 1129 Sydney Organising Committee for the Olympic Games v Zhu [2002] NSWCA 380 Tim Bar Pty Ltd v Narui Gold Coast Pty Ltd [2009] NSWSC 563 Zhu v Sydney Organising Committee for the Olympic Games and Ors [2001] NSWSC 989 Zhu v Treasurer of the State of New South Wales (2004) 218 CLR 530 Category: Procedural and other rulings Parties: 2005/269552 James Zhao Ming Zhang - Plaintiff State of New South Wales - Defendant 2006/267005 Shao Qiang Liao - Plaintiff State of New South Wales - Defendant Representation: Counsel: R McKeand SC with J Clifton - Plaintiffs M Windsor SC with M Hutchings - Defendant Solicitors: Raymond Lee & Co - Plaintiffs IV Knight Crown Solicitor - Defendant File Number(s): 2005/269552; 2006/267005