Chen v Xu [2014] NSWSC 334

Supreme Court New South Wales

Medium Neutral Citation: Chen v Xu [2014] NSWSC 334 Hearing dates: Tuesday, 25 March 2014 Decision date: 25 March 2014 Jurisdiction: Equity Division - Duty List Before: Brereton J Decision: (1) Orders made on or about 20 February 2014 in accordance with paras 3 and 4 of the document entitled "Consent Orders" filed in Court and stamped 21 February 2014 be set aside. (2) Upon the plaintiff by his counsel giving to the Court the usual undertaking as to damages and until further order the defendants be restrained from by themselves, their servants or agents: (a) Permitting or registering any change in the directors of the second defendant. (b) Permitting or registering any change in the shareholders or shareholding of the second defendant. (c) Mortgaging, charging or disposing of any of the assets of the second defendant except in the ordinary course of business. (3) Until further order the defendants permit access to the plaintiff by his accountant to inspect the books and financial records of the second defendant within seven days and thereafter once every calendar month. Catchwords: PROCEDURE - setting aside consent orders by consent - inspection of books by way of interim preservation Legislation Cited: (Cth) Corporations Act 2001, s 247A Category: Interlocutory applications Parties: Jie Chen (plaintiff) Dong Xu (first defendant) Sunshine Education Development Pty Limited (second defendant) Representation: Counsel: P Alexander (plaintiff) V Gray (defendant) Solicitors: Johnson Vaughan Solicitors (plaintiff) Schweizer Kobras (defendants) File Number(s): 2014/40151