Zhang v Zemin & Anor [2007] NSWSC 229

Zhang v Zemin & Anor [2007] NSWSC 229

Good reason has been shown to extend the time for service of documents in China. The plaintiff's claim is supported by evidence and an amended statement of claim, and no substantial prejudice has been suffered by the defendants other than delay. Therefore, the Registrar's orders are set aside, leave is granted to join an additional defendant, and the period for service is extended.

Jurisdiction
Australia
Judgment Date
19 March 2007
Procedural Posture
Review of Registrar's Order / Application for Extension of Time and Joinder of Defendant
Outcome
Orders of Registrar Riznyczok set aside; leave to join new defendant granted; time for service extended six months.
Legal Topics
['extension of Limitation Period' "review of Registrar's Order" 'service of Documents Overseas' 'state Immunity' 'personal Injury']
['torts' 'international Law' 'civil Procedure'] ['extension of Limitation Period' "review of Registrar's Order" 'service of Documents Overseas' 'state Immunity' 'personal Injury']

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Procedural Posture

Review of Registrar's Order / Application for Extension of Time and Joinder of Defendant

Legal Issues

  1. 1 ['Whether time for service of statement of claim in China should be extended' 'Whether leave should be granted to join another defendant' 'Application of Foreign States Immunities Act to service' 'Extension of limitation period for personal injury claims']

Ratio Decidendi

Good reason has been shown to extend the time for service of documents in China. The plaintiff's claim is supported by evidence and an amended statement of claim, and no substantial prejudice has been suffered by the defendants other than delay. Therefore, the Registrar's orders are set aside, leave is granted to join an additional defendant, and the period for service is extended.

Court Disposition

Orders of Registrar Riznyczok set aside; leave to join new defendant granted; time for service extended six months.

Orders

  • ['The orders of Registrar Riznyczok dated 13 March 2006 are set aside.' 'Leave is granted to join Luo, Gan, Party Secretary of the Political and Judiciary Committee of the CCP Central Committee and Chief Executive Officer of the 610 Office as a defendant.' 'Time for service of the amended statement of claim is...