In the matter of Century Sunshine Investment (Australia) Pty Ltd [2020] NSWSC 548

In the matter of Century Sunshine Investment (Australia) Pty Ltd [2020] NSWSC 548

The plaintiff is permitted to amend the pleadings to properly formulate a claim for injunctive relief against the second defendant. The application for summary dismissal is refused as the amended claim is neither an abuse of process nor without reasonable foundation, provided the necessary material facts are pleaded.

Parties
Plaintiff: Joseph Cue Sy; First Defendant: Century Sunshine Investment (Australia) Pty Ltd; Second Defendant: Peter Lin; Third Defendant: Xiaohong Wu; Fourth Defendant: Ruiying Wu; Fifth Defendant: Yihe Lin; Sixth Defendant: Ting Wei; Seventh Defendant: Xin Kun Lin; Eighth Defendant: Dengyao Lin; Ninth Defendant: Yan Kun Lin; Tenth Defendant: Zhouling Chen
Jurisdiction
Australia
Judgment Date
12 May 2020
Procedural Posture
Interlocutory Application in Equity (corporations List) / Hearing of Applications for Amendment of Pleadings and Summary Dismissal
Outcome
Amendment permitted on terms; summary dismissal refused; parties to submit orders to give effect to judgment.
Legal Topics
Summary Dismissal, Abuse of Process, Pleadings Amendment, Injunctive Relief, Shareholder Dilution
Civil Procedure Corporations Summary Dismissal Abuse of Process Pleadings Amendment Injunctive Relief Shareholder Dilution

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Parties

Joseph Cue Sy

Plaintiff

Century Sunshine Investment (Australia) Pty Ltd

First Defendant

Peter Lin

Second Defendant

Xiaohong Wu

Third Defendant

Ruiying Wu

Fourth Defendant

Yihe Lin

Fifth Defendant

Ting Wei

Sixth Defendant

Xin Kun Lin

Seventh Defendant

Dengyao Lin

Eighth Defendant

Yan Kun Lin

Ninth Defendant

Zhouling Chen

Tenth Defendant

Procedural Posture

Interlocutory Application in Equity (corporations List) / Hearing of Applications for Amendment of Pleadings and Summary Dismissal

Legal Issues

  1. 1 Whether plaintiff should be granted leave to amend originating process and statement of claim
  2. 2 Whether proceedings against second defendant should be summarily dismissed as abuse of process, frivolous or vexatious

Ratio Decidendi

The plaintiff is permitted to amend the pleadings to properly formulate a claim for injunctive relief against the second defendant. The application for summary dismissal is refused as the amended claim is neither an abuse of process nor without reasonable foundation, provided the necessary material facts are pleaded.

Court Disposition

Amendment permitted on terms; summary dismissal refused; parties to submit orders to give effect to judgment.

Orders

  • Plaintiff granted leave to amend originating process and statement of claim, subject to pleading material facts for injunctive relief and costs terms.
  • Defendant's application for summary dismissal dismissed.