Chen v Xu [2014] NSWSC 334

Chen v Xu [2014] NSWSC 334

Since parties consented, previous consent orders are set aside and interim preservation orders, including ongoing access to company records, are reinstated as appropriate to safeguard the plaintiff’s alleged interests pending final resolution.

Jurisdiction
Australia
Judgment Date
25 March 2014
Procedural Posture
Interlocutory Application / Interlocutory Orders After Consent Orders Set Aside; Directions for Further Pleadings
Outcome
Consent orders dated 20 February 2014 set aside; interim preservation orders reinstated by consent; proceedings to continue on pleadings.
Legal Topics
['setting Aside Consent Orders' 'interim Preservation' 'inspection of Company Records']
['equity'] ['setting Aside Consent Orders' 'interim Preservation' 'inspection of Company Records']

Case Brief

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Procedural Posture

Interlocutory Application / Interlocutory Orders After Consent Orders Set Aside; Directions for Further Pleadings

Legal Issues

  1. 1 ['Whether consent orders made on 20 February 2014 should be set aside' 'Whether interim preservation orders, including access to company books and records, should be reinstated']

Ratio Decidendi

Since parties consented, previous consent orders are set aside and interim preservation orders, including ongoing access to company records, are reinstated as appropriate to safeguard the plaintiff’s alleged interests pending final resolution.

Court Disposition

Consent orders dated 20 February 2014 set aside; interim preservation orders reinstated by consent; proceedings to continue on pleadings.

Orders

  • ["Orders made 20 February 2014 in accordance with paragraphs 3 and 4 of 'Consent Orders' set aside." 'Plaintiff to give usual undertaking as to damages; Defendants restrained from permitting or registering any change in directors or shareholders of second defendant or mortgaging/disposing of assets (except in...