Commissioner of the Australian Federal Police v Fu [2015] NSWSC 686

Supreme Court New South Wales

Medium Neutral Citation: Commissioner of the Australian Federal Police v Fu [2015] NSWSC 686 Hearing dates: 2 June 2015 Date of orders: 02 June 2015 Decision date: 02 June 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. I extend time to 7 July 2015 for the filing and serving by the Defendant and the Interested Party of affidavits containing identical evidence to the following affidavits: Michael Albert Mundt sworn 25 May 2015; Jing Gao Fu affirmed 14 May 2015; Ya Chun Shi affirmed 15 May 2015, Qiong Fu affirmed 28 April 2014, Qiong Fu affirmed 12 May 2015 and Ya Qing Shi affirmed 11 May 2015; but corrected to comply with the Rules as to translation and execution. 2. Any such Affidavits not filed and served by 7 July 2015 cannot be relied upon without leave from a judge of the Court. 3. Defendant and Interested party Ya Qing Shi to pay Plaintiff's costs of the Motions. Catchwords: PROCEDURE – application by Defendant and Interested Party to extend time to file and serve affidavits – prior guillotine order not complied with – no active opposition to extension of time by Plaintiff – adequate explanation for non-compliance – no prejudice to Plaintiff – significant formal defects in affidavits now sought to be filed – time extended with further guillotine order Category: Procedural and other rulings Parties: Commissioner of the Australian Federal Police (Plaintiff) Qiong Fu (Defendant) Ya Qing Shi – Interested Party Representation: Counsel: L Booth (Plaintiff) G Jones (Defendant) J Lee (Ya Qing Shi – Interested Party)