Zhong v Shield Resources Pty Ltd (No 2) [2021] NSWSC 643

Zhong v Shield Resources Pty Ltd (No 2) [2021] NSWSC 643

The court was not satisfied there was an error in the judgment, nor that any aspect of the plaintiff's claim had failed to be determined. The reference to submissions regarding the $1.5 million was made on the basis of common ground in evidence, not a misstatement of plaintiff counsel’s position. The notice of motion was dismissed, but a stay of the earlier order for release was extended until 8 June 2021.

Parties
Plaintiff: Yuping Zhong; First Defendant: Shield Resources Pty Ltd; Second Defendant: Ying Guan
Jurisdiction
Australia
Judgment Date
04 June 2021
Procedural Posture
Civil / Notice of Motion to Set Aside or Vary Order Under Slip Rule
Outcome
Notice of motion dismissed; temporary stay granted
Legal Topics
Slip Rule, Notice of Motion, Stay of Execution, Correction of Judgment, Adequacy of Reasons
Civil Procedure Slip Rule Notice of Motion Stay of Execution Correction of Judgment Adequacy of Reasons

Case Brief

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Parties

Yuping Zhong

Plaintiff

Shield Resources Pty Ltd

First Defendant

Ying Guan

Second Defendant

Procedural Posture

Civil / Notice of Motion to Set Aside or Vary Order Under Slip Rule

Legal Issues

  1. 1 Whether an order made on 31 May 2021 should be set aside or varied under UCPR r 36.16(3A) or r 36.17
  2. 2 Whether there was an error or clerical mistake in the judgment referring to plaintiff's submissions
  3. 3 Whether case advanced by plaintiff had been determined

Ratio Decidendi

The court was not satisfied there was an error in the judgment, nor that any aspect of the plaintiff's claim had failed to be determined. The reference to submissions regarding the $1.5 million was made on the basis of common ground in evidence, not a misstatement of plaintiff counsel’s position. The notice of motion was dismissed, but a stay of the earlier order for release was extended until 8 June 2021.

Court Disposition

Notice of motion dismissed; temporary stay granted

Orders

  • The notice of motion filed on 3 June 2021 be returnable before the court on 4 June 2021 and the time for service be abridged.
  • The notice of motion is otherwise dismissed.