Guo v Xu [2020] NSWSC 337

Supreme Court New South Wales

Medium Neutral Citation: Guo v Xu [2020] NSWSC 337 Hearing dates: On the papers Decision date: 01 April 2020 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Within 28 days of the making of this order, the Fourth and Fifth Defendants provide verified discovery of all documents created between 1 October 2014 and the date of commencement of these proceedings which record or evidence communications between officers, employees, representatives or agents of Keynes Capital Global Limited or General Energy International Limited and any of:

(a) Mr Yuedong Xu; and/or (b) Mr Ji Chen; and/or (c) Mr Jianguo Zhang; and/or (d) Ms Hui Guo; and/or (e) Officers, employees, related entities or agents of Gleneagle Securities Nominees Pty Limited,

concerning or relating to:

(f) the acquisition of shares in Rand Mining Limited and/or Tribune Resources Limited (Target Companies); or (g) the receipt, distribution or transfer of, or dealings with any dividends received from the Target Companies; or (h) the Strategic Cooperation Agreement dated 11 November 2014 (as that term is defined in paragraph 11 of the Commercial List Statement filed on 10 October 2018).

(2) The costs of the plaintiff's motion filed on 21 February 2020 be the plaintiff's costs in the claim against the fourth and fifth defendants. Catchwords: PROCEDURE – Discovery – Discovery sought to demonstrate good arguable case in freezing order application – Whether discovery sought is too broad – No issues of principle. Category: Procedural and other rulings Parties: Hui (Annie) Guo (Plaintiff) Yuedong Xu (First Defendant) Ji Chen (Second Defendant) Jianguo Zhang (Third Defendant) Keynes Capital Global Limited (Fourth Defendant) General Energy International Holdings Limited (Fifth Defendant) Gleneagle Securities Nominees Pty Ltd (Sixth Defendant) Representation: Counsel: E J Hyde (Plaintiff) J Lockhart SC with G P Gee (Fourth and Fifth Defendants)