Ren v Jiang (No 2) [2014] NSWCA 119

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ren v Jiang (No 2) [2014] NSWCA 119 Hearing dates: On the papers Decision date: 09 April 2014 Before: Leeming JA Decision: (1) The directions hearing on 11 April 2014 at 9.30am be vacated. (2) The First and Second Respondents to file and serve any further evidence in support of their motions by 28 April 2014. (3) The First and Second Respondents to file and serve a concise articulation of the abuse of process for which they contend by 28 April 2014. (4) The Applicants to file and serve on or before 23 May 2014: (a) their evidence in response to the motions for security for costs and/or judgment and abuse of process; and (b) their evidence, or a précis of their evidence, in support of their application under s 471B. (5) Liberty to apply on two days' notice. (6) Stand over the proceedings for further directions at 9.30am on 29 May 2014. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE - adjournment - by consent - granted having regard to pending decision in Federal Court Legislation Cited: Civil Procedure Act 2005 (NSW), s 56, s 57, s 58 Cases Cited: Ren v Jiang [2013] NSWCA 194 Ren v Jiang [2014] NSWCA 1 Category: Interlocutory applications Parties: Ke Qin Ren (first applicant) Pei Xu (second applicant) Yi Cheng Jiang (third applicant) Gloconnect Pty Ltd ACN 106 027 730 (fourth applicant) Hong Jiang (first respondent) Yongan Xie (second respondent) Wan Ze Property Development (Aust) Pty Ltd (in liquidation) ACN 131 642 147 (third respondent) Representation: Counsel: MR Ellicott (applicants) DA Smallbone (first and second respondents) DC Eardley (third respondent) Solicitors: Ren Zhou Lawyers (applicants) Austin Haworth & Lexon Legal (Sydney) (first and second respondent) Downeys Lawyers (third respondent) File Number(s): 2012/240805; 2013/93863 Decision under appeal Jurisdiction: 9111 Citation: [2012] NSWSC 821 Date of Decision: 2012-07-19 00:00:00 Before: Black J File Number(s): 2011/51745