Wang v Chea [2014] NSWDC 328

District Court New South Wales

Medium Neutral Citation: Wang v Chea [2014] NSWDC 328 Hearing dates: 14 March 2014 Date of orders: 14 March 2014 Decision date: 14 March 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Note that the plaintiffs' application for adjournment has been abandoned. (2) Strike out paragraphs 48e through to and including the words "$145,600 per annum" in paragraph 48h of the statement of claim. (3) Strike out paragraph 49d, e and f of the statement of claim. (4) Leave to the plaintiffs to replead by an amended statement of claim, so as to plead what conduct is alleged to be misleading, and to separately plead what conduct is alleged to be unconscionable conduct, within 21 days. (5) The plaintiffs are to provide security for the defendants' costs of the proceedings by depositing the sum of $69,000 into an account controlled jointly by the plaintiffs' solicitor and the defendants' solicitor or such other form of security as is agreed upon by the parties, within 28 days. Any interest that accrues on the sum of $69,000 whilst it is so held is to be paid to, or for the benefit of, the plaintiffs. In the event that security is not provided within 28 days then the proceedings will be stayed. (6) Stand over for directions on Thursday, 20 March 2014 at 9.30am before the Judicial Registrar. (7) The defendants' costs of the motion be the defendants' costs in the proceedings. (8) Grant liberty to apply. Catchwords: PROCEDURE – application to strike out or dismiss statement of claim – security for costs – form of security COSTS – costs of notice of motion – Calderbank letter by respondent – respondent less successful Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.1, r 42.7, r 42.21 Category: Procedural and other rulings Parties: Shikuan Wang (first plaintiff) Fenlian Jin (second plaintiff) Rui King Pty Ltd ACN 156 351 441 (third plaintiff) Pauline Yi Bin Chea (first defendant) Kevin Cheang Meang Chea (second defendant) Golden Tower Enterprises Pty Ltd ACN 130 397 634 (third defendant) Representation: Counsel: Mr I G Archibald (plaintiffs) Mr B Lloyd (defendants)