Tang v Yu [2021] FCA 1126

Tang v Yu [2021] FCA 1126

Default judgment was not granted at this stage; justice would be better served by proceeding to a final hearing, especially given respondents' ongoing participation and commitment not to adduce evidence at the hearing. A self-executing (guillotine) order was made: if respondents remain in default with discovery obligations, default judgment will be granted.

Parties
Applicant: Guahua Tang; First Respondent: Jinyang Yu; Second Respondent: Oliver Roths
Jurisdiction
Australia
Judgment Date
16 September 2021
Procedural Posture
Application for Default Judgment / Interlocutory Hearing
Outcome
Default judgment not granted at this stage; guillotine order made, discovery ordered, costs payable by respondents.
Legal Topics
Default Judgment, Discovery, Self Represented Parties
Practice and Procedure Commercial Law Default Judgment Discovery Self Represented Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Guahua Tang

Applicant

Jinyang Yu

First Respondent

Oliver Roths

Second Respondent

Procedural Posture

Application for Default Judgment / Interlocutory Hearing

Legal Issues

  1. 1 Whether default judgment should be granted against respondents following repeated defaults in complying with procedural orders, particularly discovery obligations

Ratio Decidendi

Default judgment was not granted at this stage; justice would be better served by proceeding to a final hearing, especially given respondents' ongoing participation and commitment not to adduce evidence at the hearing. A self-executing (guillotine) order was made: if respondents remain in default with discovery obligations, default judgment will be granted.

Court Disposition

Default judgment not granted at this stage; guillotine order made, discovery ordered, costs payable by respondents.

Orders

  • By 5:00 pm on 24 September 2021, each respondent file and serve an affidavit fulfilling discovery obligations.
  • Pursuant to r 5.21(d) of the Rules, if either respondent is in default of Order 1, the applicant have judgment against that respondent in the sum of $700,000 plus interest from 4 May 2020.