Chung-Yi Pty Limited v Justin Chih-Yang Chang [2018] NSWSC 410

Supreme Court New South Wales

Medium Neutral Citation: Chung-Yi Pty Limited v Justin Chih-Yang Chang [2018] NSWSC 410 Hearing dates: 3 April 2018 Decision date: 03 April 2018 Jurisdiction: Equity - Commercial List Before: Ball J Decision: The defendant's amended notice of motion filed 29 March 2018 is dismissed. Catchwords: PRACTICE AND PROCEDURE – vacation of hearing date – no issue of principle Legislation Cited: Evidence Act 1995 (NSW) Category: Procedural and other rulings Parties: Chung-Yi Pty Limited (ACN 003 775 764) (First Plaintiff) Joseph Chih-Shih Cheng (Second Plaintiff) Chih-Chung Cheng (Third Plaintiff) Chang Ling-Ling Wang (Fourth Plaintiff) Ching-Ching Cheng (Fifth Plaintiff) Shirley Chen Hsui-Ju Cheng (Sixth Plaintiff) Chen Tsui-Miao Cheng (Seventh Plaintiff) Chao-Ching Wang (Eighth Plaintiff) Justin Chih-Yang Chang (Defendant) Representation: Counsel: A Leopold SC with C Bova (Plaintiffs) S Lawrance (Defendant)

Solicitors: Watson Mangioni Lawyers (Plaintiffs) Martin Musgrove (Defendant) File Number(s): 2016/24917 Publication restriction: None

Judgment

Introduction 1. On 16 June 2017, the court fixed this matter for hearing for three weeks commencing on 30 April 2018. By an amended notice of motion filed on 29 March 2018, the defendant, who I will refer to as Justin, sought an order vacating that hearing to permit him to obtain production by Credit Suisse AG of bank statements for an account held at its Singapore branch in the name of Cheng-Lung Yang (the Credit Suisse Yang Account) for the period 1 July 2006 to 31 December 2014 either through a letter of request directed to the Supreme Court of Singapore or a subpoena directed to Credit Suisse AG directly. 2. On 3 April 2018, I refused the orders sought by Justin and indicated that I would give my reasons later. These are those reasons.