Yu Xue (Martin) v Nalwa Holdings Pty Ltd trading as Royal Court Sydney Escorts [2016] NSWSC 860

Supreme Court New South Wales

Medium Neutral Citation: Yu Xue (Martin) v Nalwa Holdings Pty Ltd trading as Royal Court Sydney Escorts [2016] NSWSC 860 Hearing dates: 22 June 2016 Decision date: 22 June 2016 Jurisdiction: Common Law Before: N Adams J Decision: (1) In relation to the plaintiff's Notice of Motion, leave is granted to amend the Statement of Claim in the form annexed to the Motion and the defendant is to pay the plaintiff's costs. (2) In relation to the defendant's Notice of Motion, Orders 1 to 3 are not pressed, Order 4 is dismissed, and the defendant is to pay the plaintiff's costs of the Motion. Catchwords: PRACTICE AND PROCEDURE – costs – security for costs – where plaintiff ordinarily resident in China – where plaintiff has few assets in Australia – no evidence as to costs likely to be incurred by defendant – application dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: April Fine Macao Commercial Offshore Ltd v Moore Business Systems Australia Ltd [2009] NSWSC 867; (2009) 75 NSWLR 619 Cheng Xi Shipyard v the Ship "Falcon Trident" [2006] FCA 759 Gujarat NRE Australia Pty Ltd v Williams [2006] NSWSC 992 Li v State of New South Wales [2013] NSWCA 165 Category: Procedural and other rulings Parties: Yu Xue (Martin) (Plaintiff) Nalwa Holdings Pty Ltd trading as Royal Court Sydney Escorts (Defendant) Representation: Counsel: T Morahan (Plaintiff) E Tringali (Defendant)

Solicitors: Chen Shan Lawyers (Plaintiff) J.J. Honeyman and Associates (Defendant) File Number(s): 2015/00273890 Publication restriction: Nil