Huang v Hua Cheng International Group Pty Ltd [2019] NSWCA 155

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Huang v Hua Cheng International Group Pty Ltd [2019] NSWCA 155 Hearing dates: 20 June 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Before: Basten JA; Payne JA; McCallum JA Decision: (1) Grant leave to the applicants under s 500(2) of the Corporations Act 2001 (Cth) nunc pro tunc to proceed against Hua Cheng International Holdings Group Pty Ltd. (2) Grant the applicants leave to appeal. (3) Direct that the amended draft notice of appeal in proceedings 2018/347492 stand as the notice of appeal. (4) Allow the appeal. (5) Set aside order (2) made by Darke J on 11 October 2018. (6) Make no order as to the costs of the proceedings in this Court. Catchwords: CIVIL PROCEDURE – application for leave to appeal – challenge to costs order made when dismissing plaintiffs' proceedings – whether proceedings abandoned – late tender of evidence – plaintiffs not notified of hearings after solicitor ceased to act – failure to attend not evidence of abandonment of proceedings

CORPORATIONS – application for leave to appeal – company in liquidation – leave granted in trial court – need for leave to proceed against company on appeal – challenge to company's debt – leave granted nunc pro tunc Legislation Cited: Corporations Act (Cth), ss 471B, 500 Uniform Civil Procedure Rules 2005 (NSW), r 51.51 Cases Cited: FX 9 Pty Limited v Statewide Developments Pty Limited [2012] NSWCA 393 Zervas v Burkitt [2019] NSWCA 112 Category: Principal judgment Parties: Xiuzhen Huang (First Applicant) Reynold Zhou (Second Applicant) Hua Cheng International Holdings Group Pty Ltd (In liq) (First Respondent) Marcus William Ayres (Second Respondent) Adam Pauls Nikitins (Third Respondent) Brett Stephen Lord (Fourth Respondent) Brent Trevor-Alex Kijurina (Fifth Respondent) Super Vision Resources Ltd (Sixth Respondent) Registrar General of NSW (Seventh Respondent) Representation: Counsel: Mr T Yeh (Applicants) Mr D Greenberg (Solicitor) (First to Fourth and Sixth Respondents)