Nature’s Care Holdings Pty Ltd v Chen (No 3) [2024] NSWSC 245

Nature’s Care Holdings Pty Ltd v Chen (No 3) [2024] NSWSC 245

Leave to serve the defendants' Notices of Motion and supporting affidavits outside Australia was granted pursuant to UCPR r 11.8AB because the claim for a third party costs order arises from the conduct of overseas parties in relation to the management of plaintiffs who operate in Australia, satisfying the criteria for substantial connection and forum appropriateness. Delivery of documents to Clifford Chance was taken to constitute service on the respondents under UCPR r 10.14(3) as the respondents had knowledge of the application and had legal representation in NSW, meeting the requirements for substituted or informal service.

Parties
First Plaintiff: Nature's Care Holdings Pty Limited; Second Plaintiff: Nature's Care Group Pty Limited; Third Plaintiff: AJ & Son Investment Pty Limited; Fourth Plaintiff: Nature's Care Manufacture Pty Limited; Fifth Plaintiff: Nature's Care Global Franchising Pty Limited; Sixth Plaintiff: Australia Nature's Care Biotech Co. Ltd; First Defendant: Jina Chen; Second Defendant: Michael Wu; Third Defendant: AS Investment Vehicle Pty Limited; First Respondent: JIC Nature Capital Pte Ltd; Second Respondent: Tamar Alliance Health Ltd
Jurisdiction
Australia
Judgment Date
13 March 2024
Procedural Posture
Procedural Ruling / Interlocutory Application
Outcome
Leave granted for service of notices of motion and supporting affidavits outside Australia; substituted service by delivery to Clifford Chance deemed effective; costs reserved.
Legal Topics
Service Outside Australia, Third Party Costs Orders, Substituted Service, Interlocutory Applications
Civil Procedure Service Outside Australia Third Party Costs Orders Substituted Service Interlocutory Applications

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Parties

Nature's Care Holdings Pty Limited

First Plaintiff

Nature's Care Group Pty Limited

Second Plaintiff

AJ & Son Investment Pty Limited

Third Plaintiff

Nature's Care Manufacture Pty Limited

Fourth Plaintiff

Nature's Care Global Franchising Pty Limited

Fifth Plaintiff

Australia Nature's Care Biotech Co. Ltd

Sixth Plaintiff

Jina Chen

First Defendant

Michael Wu

Second Defendant

AS Investment Vehicle Pty Limited

Third Defendant

JIC Nature Capital Pte Ltd

First Respondent

Tamar Alliance Health Ltd

Second Respondent

Procedural Posture

Procedural Ruling / Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to serve Notices of Motion on overseas respondents under UCPR r 11.8AB
  2. 2 Whether delivery to Clifford Chance should be taken as service on JIC and Tamar under UCPR r 10.14(3)
  3. 3 Whether the defendants’ motions constitute originating process or interlocutory application

Ratio Decidendi

Leave to serve the defendants' Notices of Motion and supporting affidavits outside Australia was granted pursuant to UCPR r 11.8AB because the claim for a third party costs order arises from the conduct of overseas parties in relation to the management of plaintiffs who operate in Australia, satisfying the criteria for substantial connection and forum appropriateness. Delivery of documents to Clifford Chance was taken to constitute service on the respondents under UCPR r 10.14(3) as the respondents had knowledge of the application and had legal representation in NSW, meeting the requirements for substituted or informal service.

Court Disposition

Leave granted for service of notices of motion and supporting affidavits outside Australia; substituted service by delivery to Clifford Chance deemed effective; costs reserved.

Orders

  • Pursuant to UCPR r 11.8AB, the defendants have leave to serve their Notices of Motion of 23 February 2024, and supporting affidavits, on JIC Nature Capital Pte Ltd and Tamar Alliance Health Ltd outside Australia.
  • Pursuant to UCPR r 10.14(3), those documents be taken to have been served on those parties by delivery to Clifford Chance on 23 February 2024.