H Biotechnology Pty Ltd v Shao; H Biotechnology Pty Ltd v Chen [2020] NSWSC 585

Supreme Court New South Wales

Medium Neutral Citation: H Biotechnology Pty Ltd v Shao; H Biotechnology Pty Ltd v Chen [2020] NSWSC 585 Hearing dates: 13 May 2020 Date of orders: 13 May 2020 Decision date: 13 May 2020 Jurisdiction: Common Law Before: Hamill J Decision: (1) Upon the solicitor for the plaintiff undertaking to pay any filing fees referable to this summons the plaintiff be granted leave to file in Court: (a) The summons filed in Court on 13 May 2020; (b) The affidavit of Jia (known as Jeffrey) Tang sworn on 11 May 2020; and (c) The affidavit of Wing Shan Wu (known as Wing) sworn on 11 May 2020. (2) That the summons returned instanter. (3) The service of the initiating documents be effected in the first instance by: (a) An e-mail sent to [EMAIL REDACTED] on or before 4pm today, that is 13 May 2020. (b) By leaving a copy of the initiating documents at [ADDRESS REDACTED] on or before 4pm today that is 13 May 2020. (4) Pursuant to rr 25.11 and 26 of the Uniform Civil Procedure Rules 2005 (NSW) an order against the first and second defendants in the form of the freezing order annexed to the summons and marked "A". (5) Direct the matter to be listed before the Duty Judge at 10am on Wednesday, 20 May 2020. (6) The plaintiff is to file and serve its statement of claim on or before 27 May 2020. Catchwords: CIVIL LAW – freezing orders – serendipitous supply of hand sanitiser – allegation of deceit – where one partner diverts funds meant for purchase of product to their own use – acquiring product from source contrary to business plan – allegation of warning off from competing – Fat Charlie – shady sounding figure – details a little sketchy – difficulties in contacting defendant – good arguable case – freezing orders made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 25.11, 25.12, 26 Category: Procedural and other rulings Parties: H Biotechnology Pty Ltd (Plaintiff) Raymond Shao (First Defendant) Yi Chen (Second Defendant) Representation: Counsel: E Cohen (Plaintiff)