Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (No 2) [2010] NSWSC 305

Zhu v Yingle Culture Exchange (Australia) Pty Ltd ACN 113 089 759 (In Liquidation) (No 2) [2010] NSWSC 305

Discovery was ordered for both categories because documents relating to overseas loans, investments or assets, and transferee accounts for May 2005, were relevant to the allegations. The objections did not, given the context and allegations, justify refusal of discovery in the terms sought.

Jurisdiction
Australia
Judgment Date
21 April 2010
Procedural Posture
Practice and Procedure Discovery / Post Interlocutory Orders on Discovery
Outcome
Supplementary discovery ordered; timetable for service and inspection set; provision for submissions on costs.
Legal Topics
['discovery' 'relevance of Discovery Categories' 'objection to Discovery' 'supplementary Discovery']
['practice and Procedure'] ['discovery' 'relevance of Discovery Categories' 'objection to Discovery' 'supplementary Discovery']

Case Brief

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Procedural Posture

Practice and Procedure Discovery / Post Interlocutory Orders on Discovery

Legal Issues

  1. 1 ['Whether categories 13 and 14 of documents sought for discovery are relevant and should be ordered for supplementary discovery.']

Ratio Decidendi

Discovery was ordered for both categories because documents relating to overseas loans, investments or assets, and transferee accounts for May 2005, were relevant to the allegations. The objections did not, given the context and allegations, justify refusal of discovery in the terms sought.

Court Disposition

Supplementary discovery ordered; timetable for service and inspection set; provision for submissions on costs.

Orders

  • ['The second and third defendants serve upon the plaintiffs a supplementary verified list of documents in specified categories.' 'The supplementary verified list of documents to be served by 4.00pm on 12 May 2010.' 'The plaintiffs are to inspect the further discovered documents by 26 May 2010.' 'The second and third...