Wang v Chea [2014] NSWDC 328

Wang v Chea [2014] NSWDC 328

The statement of claim is to have certain paragraphs struck out due to lack of merit or irrelevance, but the plaintiffs are granted leave to replead specifying conduct constituting misleading and unconscionable conduct separately. Plaintiffs are required to provide security for defendants' costs in the amount of $69,000 by conventional means within 28 days or the proceedings will be stayed.

Parties
First Plaintiff: Shikuan Wang; Second Plaintiff: Fenlian Jin; Third Plaintiff: Rui King Pty Ltd ACN 156 351 441; First Defendant: Pauline Yi Bin Chea; Second Defendant: Kevin Cheang Meang Chea; Third Defendant: Golden Tower Enterprises Pty Ltd ACN 130 397 634
Jurisdiction
Australia
Judgment Date
14 March 2014
Procedural Posture
Civil / Interlocutory (strike Out and Security for Costs Application)
Outcome
Interlocutory orders made: partial strike out, leave to replead, security for costs, costs orders, directions to continue proceedings.
Legal Topics
Strike Out Application, Security for Costs, Pleading Requirements, Costs
Civil Procedure Strike Out Application Security for Costs Pleading Requirements Costs

Case Brief

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Parties

Shikuan Wang

First Plaintiff

Fenlian Jin

Second Plaintiff

Rui King Pty Ltd ACN 156 351 441

Third Plaintiff

Pauline Yi Bin Chea

First Defendant

Kevin Cheang Meang Chea

Second Defendant

Golden Tower Enterprises Pty Ltd ACN 130 397 634

Third Defendant

Procedural Posture

Civil / Interlocutory (strike Out and Security for Costs Application)

Legal Issues

  1. 1 Whether parts of the statement of claim should be struck out
  2. 2 Whether leave to replead should be granted and under what conditions
  3. 3 Whether the plaintiffs should provide security for costs, and in what form and amount

Ratio Decidendi

The statement of claim is to have certain paragraphs struck out due to lack of merit or irrelevance, but the plaintiffs are granted leave to replead specifying conduct constituting misleading and unconscionable conduct separately. Plaintiffs are required to provide security for defendants' costs in the amount of $69,000 by conventional means within 28 days or the proceedings will be stayed.

Court Disposition

Interlocutory orders made: partial strike out, leave to replead, security for costs, costs orders, directions to continue proceedings.

Orders

  • Note plaintiffs' application for adjournment abandoned.
  • Strike out paragraphs 48e through to and including the words "$145,600 per annum" in paragraph 48h of the statement of claim.