Sun v Hojunara International Group (No 2) [2013] NSWSC 1050

Supreme Court New South Wales

Medium Neutral Citation: Sun v Hojunara International Group (No 2) [2013] NSWSC 1050 Hearing dates: 26/7/2013 Decision date: 26 July 2013 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under section 56A of the Limitation Act 1969 (NSW) I extend the limitation period mentioned in section 14B of that Act to 5 August 2013. (2) I grant leave to the plaintiffs to file a statement of claim naming Duk In Kim and Dave Jeon as defendants, provided a statement of claim is filed in the registry on or prior to 5 August 2013. (3) I order that the costs of this application stand as costs in any proceedings commenced pursuant to order 2 hereof. Catchwords: LIMITATION OF ACTIONS - application for extension of time to bring proceedings under s 56A Limitation Act 1969 (NSW) Legislation Cited: Corporations Act 2001 (Cth) Limitation Act 1969 (NSW) Cases Cited: Carey v The Australian Broadcasting Corporation [2010] NSWSC 709; 77 NSWLR 136 Carey v The Australian Broadcasting Corporation [2012] NSWCA 176; 290 ALR 348 Urbanchich v Drummoyne Municipal Council (1988) A Def R 50-035; (1991) Aust Torts Reports 81-127 Category: Procedural and other rulings Parties: Wan-Jen Sun (first plaintiff) Yueh-Chiu Sunpan (second plaintiff) Hojunara International Group Pty Ltd (defendant) Duk In Kim (proposed second defendant) Dave Jeon (proposed third defendant) Representation: Counsel: A. Douglas-Baker (plaintiffs) B. Pierce (proposed second defendant) In person (proposed third defendant) Solicitors: Goodwyn Legal (plaintiffs/applicants) CSY Legal (proposed second defendant) In person (proposed third defendant) File Number(s): 2011/405938