Chen v State of New South Wales [2016] NSWCA 177

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chen v State of New South Wales [2016] NSWCA 177 Hearing dates: 25 July 2016 Decision date: 26 July 2016 Before: Leeming JA Decision: 1. Dismiss the notice of motion filed on 26 May 2016 with costs.

2. Extend the time for filing the notice of motion as to competency, for the purposes of Pt 51 r 51.41(1), to 5 July 2016.

3. Stand over the notice of motion filed 5 July 2016 to the hearing of this matter.

4. Direct that the summons for leave to appeal filed 10 December 2015 and the notice of appeal filed 6 June 2016 be heard concurrently, on a date to be determined by the Registrar.

5. Stand the proceedings over before the Registrar on 27 July 2016, for the allocation of a date on that occasion or as soon as possible thereafter.

6. Reserve the costs of the notice of motion filed 5 July 2016. Catchwords: PRACTICE – appeals – competency – matter at issue amounting to $100,000 – separate plaintiffs in single proceeding seeking to appeal – proceedings originally commenced seeking leave to appeal – whether appeal as of right – appeal to be heard concurrently with application for leave to appeal

PRACTICE – security for costs – plaintiffs relatively impecunious – questions of general importance – fourteen day trial and substantial costs order – State's earlier application for security had been refused – application for security for costs dismissed Legislation Cited: District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules, rr 50.8, r 51.22, 51.41, 51.50 Cases Cited: Brundza v Robbie & Co (No 2) (1952) 88 CLR 171 Charara v Integrex Pty Ltd [2010] NSWCA 342 Chen v State of New South Wales [2013] NSWCA 13 Chen v State of New South Wales [2014] NSWCA 41 Hall v van der Poel [2009] NSWCA 436 Kuru v New South Wales [2008] HCA 26; 236 CLR 1 McLaughlin v Daily Telegraph Newspaper Co Ltd (1904) 1 CLR 143 NSW Arabian Horse Association Inc v Olympic Co-ordination Authority [2005] NSWCA 210 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Ren v Jiang (No 4) [2014] NSWCA 315 Schepis v Commonwealth of Australia [2012] NSWCA 398 Category: Procedural and other rulings Parties: State of New South Wales (Applicant on the motions) Ms Irene Rui Chen (First Respondent on the motions) Ms Gong Xiang Xuan (Second Respondent on the motions) Representation: Counsel: M Windsor SC (Applicant on the motions) C A Evatt, N Ford (Respondents on the motions)