Cao v Yu & Anor [2016] NSWDC 296

District Court New South Wales

Medium Neutral Citation: Cao v Yu & Anor [2016] NSWDC 296 Hearing dates: 26 September 2016 Date of orders: 14 November 2016 Decision date: 14 November 2016 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. The notice of motion filed by the second defendant applicant on 26 August 2016, as amended, seeking dismissal or alternatively striking out of the proceedings, pursuant to UCPR r 13.4 and r 14.28, is dismissed;

2. The second defendant applicant is to pay the plaintiff respondent's costs of the dismissed motion;

3. Liberty to apply on 7 days' notice if further or other orders are required;

4. The proceedings are listed before the List Judge for case management directions at 10.00am on Monday 28 November 2016. Catchwords: PRACTICE & PROCEDURE – applications for dismissal pursuant to UCPR r 13.4 and for strike out pursuant to UCPR r 14.28 Legislation Cited: Civil Procedure Act 2005, s 98 Uniform Civil Procedure Rules 2005, r 13.4, r 14.28 Cases Cited: Cao v Liu, 2012/275052, District Court, unreported, 6 September 2013 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Yu v Cao [2015] NSWCA 276 Category: Procedural and other rulings Parties: Ping Cao (Plaintiff/Respondent) Barrie Goldsmith t/as Goldsmith Lawyers (First defendant) George Yu (Second defendant/Applicant) Representation: Counsel: Mr KP Smark SC (Plaintiff/Respondent) Mr R Rasmussen (Second defendant/Applicant)