Ren v Jiang (No 2) [2014] NSWCA 119

Ren v Jiang (No 2) [2014] NSWCA 119

Given all parties consent, and pending related Federal Court judgment which may resolve or narrow the issues, a further extension of timetabling for evidence and submissions is granted, but parties are reminded of their obligations under the Civil Procedure Act 2005 (NSW) regarding efficiency.

Parties
First Applicant: Ke Qin Ren; Second Applicant: Pei Xu; Third Applicant: Yi Cheng Jiang; Fourth Applicant: Gloconnect Pty Ltd ACN 106 027 730; First Respondent: Hong Jiang; Second Respondent: Yongan Xie; Third Respondent: Wan Ze Property Development (Aust) Pty Ltd (in liquidation) ACN 131 642 147
Jurisdiction
Australia
Judgment Date
09 April 2014
Procedural Posture
Interlocutory Applications / Directions Hearing—adjournment, Timetabling Orders, Stand Over for Further Directions
Outcome
Timetabling and adjournment orders made by consent; proceedings stood over for further directions; specific directions for filing evidence and submissions; matter to return for directions on 29 May 2014; liberty to apply granted.
Legal Topics
Adjournment, Abuse of Process, Security for Costs, Procedural Timetable
Civil Procedure Adjournment Abuse of Process Security for Costs Procedural Timetable

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Parties

Ke Qin Ren

First Applicant

Pei Xu

Second Applicant

Yi Cheng Jiang

Third Applicant

Gloconnect Pty Ltd ACN 106 027 730

Fourth Applicant

Hong Jiang

First Respondent

Yongan Xie

Second Respondent

Wan Ze Property Development (Aust) Pty Ltd (in liquidation) ACN 131 642 147

Third Respondent

Procedural Posture

Interlocutory Applications / Directions Hearing—adjournment, Timetabling Orders, Stand Over for Further Directions

Legal Issues

  1. 1 Whether proceedings are an abuse of process
  2. 2 Whether adjournment should be granted
  3. 3 Appropriate case management in light of related Federal Court proceedings

Ratio Decidendi

Given all parties consent, and pending related Federal Court judgment which may resolve or narrow the issues, a further extension of timetabling for evidence and submissions is granted, but parties are reminded of their obligations under the Civil Procedure Act 2005 (NSW) regarding efficiency.

Court Disposition

Timetabling and adjournment orders made by consent; proceedings stood over for further directions; specific directions for filing evidence and submissions; matter to return for directions on 29 May 2014; liberty to apply granted.

Orders

  • The directions hearing on 11 April 2014 at 9.30am be vacated.
  • The First and Second Respondents to file and serve any further evidence in support of their motions by 28 April 2014.