Ren v Jiang (No 3) [2014] NSWCA 204

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ren v Jiang (No 3) [2014] NSWCA 204 Hearing dates: 26 June 2014 Decision date: 27 June 2014 Before: Leeming JA Decision: 1. Application for the third applicant to be represented separately from the other applicants dismissed. 2. The third applicant to pay the other parties' costs of that application. 3. Stand over the proceedings to the Registrar's list on Monday 21 July 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 AND PROCEDURE - interlocutory applications - application for one of four applicants for leave to appeal to be separately represented - application opposed by all other active parties - application refused Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-59 Corporations Act 2001 (Cth), s 471B Supreme Court Act 1970 (NSW), s 46 Uniform Civil Procedure Rules 2005 (NSW), r 6.9(2) Cases Cited: Downs v Civil Aviation Authority (1992) 57 SASR 303 Franklin River Olive Company Ltd v Charters Securities Pty Ltd [2004] WASC 88 In the Matter of Wan Ze Property Development (Aust) Pty Ltd [2012] NSWSC 722; (2012) 90 ACSR 593 R v Khazaal [2006] NSWSC 1353; 167 A Crim R 565 Ren v Jiang [2013] NSWCA 194 Ren v Jiang [2014] NSWCA 1 Ren v Jiang (No 2) [2014] NSWCA 119 Xu v Wan Ze Development (Aust) (in liq) [2014] FCA 461 Category: Interlocutory applications Parties: Ke Qin Ren (1st applicant) Pei Xu (2nd applicant) Yi Cheng Jiang (3rd applicant) Gloconnect Pty Ltd ACN 106 027 730 (4th applicant) Hong Jiang (1st respondent) Yongan Xie (2nd respondent) Wan Ze Property Development (Aust) Pty Ltd (in liquidation) ACN 131 642 147 (3rd respondent) Representation: Counsel: J Sexton SC and J Lee (1st, 2nd and 4th applicant) E Holmes (3rd applicant) DA Smallbone (1st and 2nd respondents) DC Eardley (3rd respondent) Solicitors: Ren Zhou Lawyers (1st, 2nd and 4th applicants) Gadens (3rd applicant) Austin Haworth & Lexon Legal (Sydney) (1st and 2nd respondent) Downeys Lawyers (3rd respondent) File Number(s): 2012/240805 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