Ren v Jiang [2014] NSWCA 1

Ren v Jiang [2014] NSWCA 1

Leave to cross-examine Mr Guo was refused because cross-examination on an interlocutory application is granted sparingly; the proposed in-person cross-examination through an interpreter would cause delay, cost and inconvenience; the Jiang parties sought a wholesale credit attack rather than clarification of misunderstanding, recollection or translation; proving that Mr Guo was lying was not necessary to determine the abuse of process motion; and the focus on his evidence had detracted from the just, quick and cheap resolution of the real issues required by s 56 of the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
21 January 2014
Procedural Posture
Interlocutory Application in Applications for Leave to Appeal / Application for Leave to Cross Examine Determined on the Papers
Outcome
Application for leave for Mr Guo to be cross-examined refused; first and second respondents ordered to pay the applicants' costs of the application; proceedings relisted for further directions.
Legal Topics
['interlocutory Applications' 'cross Examination on Affidavit Evidence' 'abuse of Process' 'stay of Proceedings' 'security for Costs' 'leave to Proceed Against Company in Liquidation']
['practice and Procedure' 'civil Procedure' 'corporations'] ['interlocutory Applications' 'cross Examination on Affidavit Evidence' 'abuse of Process' 'stay of Proceedings' 'security for Costs' 'leave to Proceed Against Company in Liquidation']

Case Brief

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Procedural Posture

Interlocutory Application in Applications for Leave to Appeal / Application for Leave to Cross Examine Determined on the Papers

Legal Issues

  1. 1 ["Whether Mr Wen Qi Guo should be required to attend for cross-examination on the hearing of the first and second respondents' motion that the proceedings be stayed as an abuse of process." 'Whether procedural fairness required cross-examination of Mr Guo if his affidavit was read.' 'Whether leave should be granted to cross-examine Mr Guo in relation to applications under s 471B of the Corporations Act 2001 (Cth).']

Ratio Decidendi

Leave to cross-examine Mr Guo was refused because cross-examination on an interlocutory application is granted sparingly; the proposed in-person cross-examination through an interpreter would cause delay, cost and inconvenience; the Jiang parties sought a wholesale credit attack rather than clarification of misunderstanding, recollection or translation; proving that Mr Guo was lying was not necessary to determine the abuse of process motion; and the focus on his evidence had detracted from the just, quick and cheap resolution of the real issues required by s 56 of the Civil Procedure Act 2005 (NSW).

Court Disposition

Application for leave for Mr Guo to be cross-examined refused; first and second respondents ordered to pay the applicants' costs of the application; proceedings relisted for further directions.

Orders

  • ['Application for leave for Mr Guo to be cross-examined refused.' "First and second respondents to pay the applicants' costs of this application." 'Relist the proceedings for further directions on 4 February 2014 at 9.30am.']