AGC Capital Securities Pty Ltd v JaiJaifu Modern Agriculture (HK) Limited [2019] NSWSC 62

Supreme Court New South Wales

Medium Neutral Citation: AGC Capital Securities Pty Ltd v JaiJaifu Modern Agriculture (HK) Limited [2019] NSWSC 62 Hearing dates: 6 February 2019 Decision date: 06 February 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Pursuant to rule 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW) I grant leave to the plaintiff to proceed against the defendant. (2) I direct that the plaintiff may apply for default judgment in accordance with the usual practice of the Court in conformity with the Uniform Civil Procedure Rules 2005 (NSW). (3) Make no order as to costs. Catchwords: CIVIL PROCEDURE — Service outside Australia —Proceedings in which permitted — Application for leave to proceed — Leave of the court required to proceed against a person outside Australia served with an originating process if the person has not entered an appearance — Rule 11.8AA and schedule 6 of the Uniform Civil Procedure Rules 2005 (NSW) — Principles derived from Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Legislation Cited: Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 11.8AA, Sch 6 Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 Bingley-Pullin v Montgomery [2018] NSWSC 1308 Rossiter v Core Mining Limited [2015] NSWSC 360 Yoon v Lee [2017] NSWSC 1338 Category: Procedural and other rulings Parties: AGC Capital Securities Pty Ltd (Plaintiff) JaiJaifu Modern Agriculture (HK) Ltd (Defendant) Representation: Counsel: M Klooster (Plaintiff)