Jiang v Han (No 2) [2025] NSWSC 48

Jiang v Han (No 2) [2025] NSWSC 48

Further security for costs was ordered due to a material change in circumstances including amended claims and increased damages, inadequacy of previous security, and cross-claimants' non-compliance; motion to set aside notice to produce and subpoena was dismissed because sought documents were apparently relevant to assessment of damages and there was no sufficient evidence of confidentiality concerns.

Parties
Plaintiff/cross Defendant: Zhao Qing Jiang; First Defendant/cross Claimant: Kairan Han; Second Defendant/cross Claimant: Fortune New City (Yarraville) Development Pty Ltd
Jurisdiction
Australia
Judgment Date
13 February 2025
Procedural Posture
Civil / Interlocutory/procedural Ruling on Motions (security for Costs, Production of Documents)
Outcome
Cross-claimants' motion to set aside notice and subpoena dismissed; further security for costs ordered; cross-claim stayed if security not paid; cross-defendant awarded costs of motions.
Legal Topics
Security for Costs, Notice to Produce, Subpoena, Joint Venture Dispute, Damages Calculation
Civil Procedure Commercial Law Security for Costs Notice to Produce Subpoena Joint Venture Dispute Damages Calculation

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Parties

Zhao Qing Jiang

Plaintiff/cross Defendant

Kairan Han

First Defendant/cross Claimant

Fortune New City (Yarraville) Development Pty Ltd

Second Defendant/cross Claimant

Procedural Posture

Civil / Interlocutory/procedural Ruling on Motions (security for Costs, Production of Documents)

Legal Issues

  1. 1 Whether further security for costs should be ordered under r 42.21(1) of the Uniform Civil Procedure Rules 2005 (NSW)
  2. 2 Whether motions to set aside notice to produce and subpoena should be granted
  3. 3 Whether cross-claimants are in breach of procedural orders

Ratio Decidendi

Further security for costs was ordered due to a material change in circumstances including amended claims and increased damages, inadequacy of previous security, and cross-claimants' non-compliance; motion to set aside notice to produce and subpoena was dismissed because sought documents were apparently relevant to assessment of damages and there was no sufficient evidence of confidentiality concerns.

Court Disposition

Cross-claimants' motion to set aside notice and subpoena dismissed; further security for costs ordered; cross-claim stayed if security not paid; cross-defendant awarded costs of motions.

Orders

  • The cross-claimants' motion is dismissed.
  • Pursuant to r 42.21(1) of the Uniform Civil Procedure Rules 2005 (NSW), the cross-claimants are to provide further security for the cross-defendant's costs of the amended cross-claim in the sum of $185,000.00 within 14 days, such security to be provided by way of: (a) Payment into court; (b) An unconditional bank...