In the matter of Sunnya Pty Ltd

Representation: Counsel:
Mr G P Gee (Plaintiffs)
Dr S A Baron Levi (First and Second Defendants)
Solicitors:
Auyeung Hencent & Day Lawyers (Plaintiffs)
Du & Associates Lawyers (First, Second and Sixth Defendants)
Chang Construction Legal (Eighth, Ninth and Tenth Defendants)

File Number(s): 2022/329426

Publication restriction: N/A

JUDGMENT

Introduction

1. I delivered judgment in these proceedings on all questions other than quantum on 19 April 2024. [1]

2. The plaintiff (Sunnya), the first and second defendants (Mr He and Ms Lu), and the eighth, ninth and tenth defendants (Supermega, Megadairy and NZFDA – collectively, the NZ Parties) appealed from different aspects of that judgment. The Court of Appeal delivered judgment in those appeals on 24 April 2025. [2]

3. As described in more detail below, the outcome of the proceedings (including the appeals) is that the defendants have been found to have engaged in certain conduct which contravened ss 181 and 182 of the Corporations Act 2001 (Cth) (or to have been involved in such contraventions within the meaning of s 79 of the Corporations Act) and/or which constituted a breach of fiduciary duties owed by Mr He and Ms Lu to Sunnya (or to have knowingly assisted such breaches of duty). In respect of many of those breaches (and involvement and knowing assistance in the breaches), the defendants have been ordered to pay statutory or equitable compensation to Sunnya, or to account for their profits derived from the breaches (or knowing assistance), at Sunnya’s election.

4. It remains for Sunnya to elect between the inconsistent remedies of compensation or an account of profits for each of its claims in respect of which it has succeeded in establishing liability, and for the Court to determine questions of quantum.

5. A plaintiff should not be required to make that election unless and until it is able to make an informed choice. The Court may make discovery and other orders designed to give the plaintiff the information it needs in order to assess its potential entitlement under the alternative remedies in respect of each of its claims that have been upheld before electing between those remedies. Consistently with s 56 of the Civil Procedure Act 2005 (NSW), r 21.2 of the Uniform Civil Procedure Rules 2005 (NSW), and Practice Note SC Eq 11, any orders for discovery must be limited to those documents that are both relevant to the election to be made by the plaintiff and necessary for the plaintiff to make an informed election, and any classes of documents ordered to be discovered must not be specified in more general terms than the Court considers to be just in the circumstances. [3]

6. These reasons relate to Sunnya’s notice of motion filed on 18 November 2025 seeking orders for discovery of 24 categories of documents by Mr He and Ms Lu, 42 categories of documents by the third defendant (GABT), 40 categories of documents by the fourth defendant (GNT), 16 categories of documents by Supermega and Megadairy, and 28 categories of documents by the fifth defendant (Sunlife). The proposed discovery categories are reproduced in the Schedule to these reasons. Sunnya’s solicitor, Mr Vincent Zhu, affirmed an affidavit on 18 November 2025 in support of the notice of motion in which he set out a very high-level summary of the broad nature of the documents in the proposed categories of discovery and asserted that the whole of those documents were necessary for Sunnya to determine the profits derived by each defendant and to allow Sunnya to make an informed election.

7. In circumstances where the trial that resulted in the judgment delivered on 19 April 2024 (and the subsequent appeals) did not include questions of quantum, I accept that there has been no occasion to date for Sunnya to gather evidence or seek production or discovery of documents relevant to any profits that the defendants may have made from their respective breaches of duty, involvement and knowing assistance. Accordingly, while Sunnya must be in a position to form an opinion about the likely quantum of any loss suffered as a consequence of the defendants’ conduct, I accept that it does not yet have sufficient information about the defendants’ profits to make an informed election between the inconsistent remedies of compensation and an account of profits.

8. On 24 November 2025, I made orders requiring those defendants to notify Sunnya whether they consented to or opposed the application in respect of each proposed category of documents, and requiring the parties to prepare and deliver to my Associate a schedule setting out each proposed discovery category, Sunnya’s contentions in support of a discovery order concerning each disputed category, and the relevant defendants’ responses in respect of each disputed category. The motion was listed for hearing on 10 December 2025.

9. In breach of those orders, the defendants failed to notify Sunnya of their consent or opposition to each proposed discovery category.

10. Dr Baron Levi of counsel appeared at the hearing of the discovery motion for Mr He and Ms Lu, but informed the Court that his instructing solicitors had not been able to contact Mr He and Ms Lu to obtain any instructions in relation to the discovery motion. Dr Baron Levi nevertheless assisted the Court by making submissions identifying the extent to which he considered that the scope of Sunnya’s proposed discovery categories was unduly broad having regard to the matters in issue and the relevant legal principles.

11. There was no appearance for any of the other defendants, notwithstanding that they were on notice of the discovery application and the listing for hearing. All parties who had entered an appearance in the proceedings were afforded an opportunity to make submissions in writing in relation to the proposed discovery categories after the conclusion of the hearing. Written submissions were received from Sunnya and from Supermega and Megadairy on 17 December 2025. The submissions of Supermega and Megadairy did not address the proposed discovery categories, but contended that the discovery motion should be dismissed as against them as an abuse of process or, alternatively, stayed pending the determination of their application to the High Court of New Zealand to set aside the registration in New Zealand of the judgments of this Court and the Court of Appeal pursuant to s 61(2)(c) of the Trans-Tasman Proceedings Act 2010 (NZ) (the NZ Trans-Tasman Act).

12. These reasons assume familiarity with my reasons for judgment published on 19 April 2024 and the judgments of the Court of Appeal published on 24 April 2025.

Sunnya’s application for discovery orders against Mr He and Ms Lu

13. Relevantly to the present application, Mr He and Ms Lu have been held to have:

14. contravened ss 181 and 182 of the Corporations Act and breached their fiduciary duties owed to Sunnya by selling Sunnya’s Neurio-branded products to GNT during the period from April 2021 to November 2022 at an “export price” under an arrangement whereby GNT sold those products on to distributors in China and retained for itself the revenue derived from those sales, in circumstances where the “export price” was less than the price for which Sunnya itself had sold those products to distributors in China for its own benefit prior to April 2021: [2024] NSWSC 403 at [459], [586]-[648], [1039]; [2025] NSWCA 79 at [9]-[72] (the commercial invoices/undervalue sales findings);

15. contravened s 182 of the Corporations Act and breached their fiduciary duties owed to Sunnya by encouraging or endorsing Supermega (as seller) and GABT (as buyer) to enter into 11 contracts during the period from 31 October 2022 to 8 November 2022 for the manufacture and supply by Supermega of Neurio-branded products to be exported to GABT’s nominated importer in China (Shanghai Gainful), and by encouraging or endorsing Supermega’s supply of Neurio-branded products to GABT under those contracts: [2024] NSWSC 403 at [459], [649]-[732], [1040] (the improper Neurio contracts findings);

16. breached fiduciary duties owned to Sunnya by implementing a scheme by which Supermega would sell Neurio-branded products directly to GABT (pursuant to one contract entered into on 25 November 2022) and to GNT (pursuant to 10 contracts entered into between 7 December 2022 and 12 January 2023): [2024] NSWSC 403 at [459], [851]-[865], [1043] and NSWCA 79 at [73]-[91] (the improper Neurio products findings); and

17. breached fiduciary duties that they continued to owe to Sunnya following their resignation as directors of Sunnya on 25 November 2022 by requesting, encouraging or endorsing the registration of an NRIO trade mark by Sunlife in New Zealand and by GABT in China, by encouraging or endorsing the manufacture and supply by Supermega and Megadairy of NRIO-branded formulated milk powder sachets to Shanghai Gainful for ultimate supply to GABT, encouraging or endorsing GABT’s packaging of those sachets in tins bearing the Neurio and NRIO brands and the marketing and sale of those tins in China as upgraded versions of the Neurio brand of products, encouraging or endorsing the resulting association of the new NRIO brand with the established Neurio brand of Australian and New Zealand-manufactured formulated milk powder products, and thereby diverting to GABT Sunnya’s business of marketing and selling Australian and New Zealand-manufactured Neurio-branded formulated milk powder products in China: [2024] NSWSC 403 at [459], [759]-[850], [1042]; [2025] NSWCA 79 at [92]-[105] (the Neurio**/NRIO findings**).

18. The conduct that was the subject of the improper Neurio contracts findings was found to be part of a series of co-ordinated actions undertaken by Mr He and Ms Lu with the intention and purpose of diverting to GABT Sunnya’s business of selling Australian and New Zealand-manufactured Neurio-branded products in China: [2024] NSWSC 403 at [708] and [759].

19. The conduct that was the subject of the improper Neurio products findings and the Neurio/NRIO findings was held to be part of an alternative ongoing plan to achieve the same ultimate objective in a way that overcame the unsuccessful attempts to transfer the registration of relevant Neurio trade marks in Australia and New Zealand to GABT: [2024] NSWSC 403 [795]-[796]; [2025] NSWCA 79 at [73]-[91].

20. In respect of the commercial invoices/undervalue sales findings, the improper Neurio products findings, and the the Neurio/NRIO findings, Mr He and Ms Lu have been ordered to pay compensation to Sunnya, or account to Sunnya for any benefit or gain obtained, at the election of Sunnya.

21. The scope of the liability to account of each of Mr He and Ms Lu extends to any benefit or gain they have received as a result of their breaches of fiduciary duty. Identification of any benefits or gains obtained as a result of the breaches of fiduciary duty is a question of fact. Benefits or gains are not limited to payments or realised profits. They include things such as business connections, and the diversion of business from Sunnya to GABT. If and to the extent that Sunnya ultimately seeks an account of benefits or gains, it will be sufficient for Sunnya to show that each benefit or gain would not have been received by Mr He and Ms Lu but for the breach fiduciary duty. In quantifying any such benefits or gains, it will be relevant to consider the nature and the period of time for which they were apt to endure. [4]

22. The 24 categories of documents in respect of which Sunnya seeks discovery orders against Mr He and Ms Lu are reproduced in the Schedule to these reasons.

23. Mr Zhu’s mere assertion that discovery of those categories is necessary in order for Sunnya to make an informed election carries no weight.

24. On the basis of the scope of the conduct that is the subject of the liability findings referred to above, having regard to the relationships between each of the corporate defendants and Mr He, Ms Lu and/or members of their family (as described at [2024] NSWSC 403 at [2]-[14]), and having regard to the principles referred to at [17] above, and after hearing the submissions made on behalf of Sunnya and on behalf of Mr He and Ms Lu at the hearing on 10 December 2025, I consider that the following categories of documents are relevant to the elections to be made by Sunnya, and that discovery of the documents is necessary for Sunnya to make an informed election:

25. Categories 1 to 4, which are relevant to identifying any benefit derived by Mr He and Ms Lu from their contraventions and breaches in the form of dividends or other monetary benefits paid to them in Australia by or on behalf of GNT or GABT during the 2021 to 2025 financial years, being the years in which the alleged breaches described at [13] above occurred;

26. Categories 5 and 6 (provided that those categories are limited to taxation returns and do not extend to other taxation “records” which would appear to capture any kind of primary document relied upon by an accountant or taxation agent in preparing a taxation return for lodgement in China), which are relevant to identifying any benefit derived by Mr He and Ms Lu from their contraventions and breaches in the form of dividends or other monetary benefits paid to them in China by or on behalf of GNT or GABT during the 2021 to 2025 financial years, being the years in which the alleged breaches described at [13] above occurred;

27. Categories 7 to 10, which are relevant for the same reasons as categories 1 to 6 and will facilitate Sunnya identifying any such benefits flowing to trusts of which Mr He or Ms Lu is a trustee or beneficiary rather than flowing directly to Mr He and/or Ms Lu during the period in which the alleged breaches described at [13] above occurred;

28. Categories 11-12, 15-17, 18-19 and 22-24, which are relevant to identifying any monetary gain paid for the benefit of Mr He or Ms Lu (even if not paid to them personally) by GABT, GNT, or the persons standing behind those entities, during the period in which the breaches described at [13] above occurred, subject to the following qualifications:

(a) the relevant benefits are those derived from the purchase and sale of Australian or New Zealand-manufactured Neurio-branded products, as Sunnya’s business which Mr He and Ms Lu were held to have sought to divert to GABT was the business of marketing and selling Australian and New Zealand-manufactured Neurio-branded formulated milk powder products in China. Sub-category (a) in each of categories 15-17 and 22-24 must be limited accordingly; and (b) for the same reason, sub-category (b) in each of categories 15-17 and 22-24 which is directed to benefits derived from the purchase or sale of any lactoferrin milk powder product (irrespective of the place of manufacture or the brand under which it is marketed and sold) cannot be included in the categories of documents to be disclosed by Mr He and Ms Lu; and

5. Categories 13-14 and 20-21, provided that they are limited to the period from October 2022 to the date of discovery, which documents are relevant to identifying any monetary benefit or gain that Mr He and Ms Lu received from Supermega or Megadairy in return for encouraging or endorsing those entities to manufacture products for ultimate sale by GABT in China as part of the series of co-ordinated actions undertaken by Mr He and Ms Lu with the intention and purpose of diverting to GABT Sunnya’s business of selling Australian and New Zealand-manufactured Neurio-branded products in China.

6. At the hearing of the discovery application, Sunnya did not oppose the deletion of the words “records and” from categories 5 and 6. Sunnya accepted that sub-category (a) in each of categories 15-17 and 22-24 should be limited to Australian or New Zealand-manufactured Neurio-branded products, and that sub-category (b) within each of categories 15-17 and 22-24 should be deleted. Sunnya also accepted that the time period stipulated in categories 13-14 and 20-21 should be limited to the period from October 2022 (not April 2021) to the date of discovery.

7. Counsel for Mr He and Ms Lu submitted that categories 1-6 and 7-10 should not be included in the scope of the discovery orders because they would require disclosure of information about income and monetary benefits received from all sources over a four- or five-year period, and would not shed any light on whether Mr He and Ms Lu had benefitted from their breaches of duty. I reject that submission. I accept that the taxation returns and bank statements in those categories will not, by themselves, enable Sunnya to identify any benefits received directly from the breaches of fiduciary duty but, together with the other documents to be discovered, they form part of a whole picture within which Sunnya will be able to cross-check information and draw certain inferences in order to ascertain the likely nature and extent of any benefits received from the breaches of duty and make an informed choice between the remedies of compensation and an account of profits.

Sunnya’s application for discovery orders against GABT

23. Relevantly to the present application, GABT has been held to have:

24. knowingly assisted the breaches of fiduciary duty by Mr He and Ms Lu that are the subject of the improper Neurio contracts findings;

25. knowingly assisted the breaches of fiduciary duty by Mr He and Ms Lu that are the subject of the improper Neurio products findings; and

26. knowingly assisted Mr He and Ms Lu, and to have acted in concert with them, in relation to their breaches of fiduciary duty that are the subject of the Neurio/NRIO findings.

27. In respect of each of those liability findings, GABT has been ordered to pay compensation to Sunnya, or account to Sunnya for any benefit or gain obtained, at the election of Sunnya.

28. In addition, as GABT was held to have acted in concert with Mr He and Ms Lu in relation to the conduct that is the subject of the Neurio/NRIO findings, it has been declared that GABT is jointly and severally liable with Mr He and Ms Lu to either pay compensation to Sunnya or to account to Sunnya for any benefit or gain derived by Mr He and Ms Lu from those breaches of fiduciary duty, at Sunnya’s election.

29. The 42 categories of documents in respect of which Sunnya seeks discovery orders against GABT are reproduced in the Schedule to these reasons.

30. Again, Mr Zhu’s mere assertion that discovery of those categories is necessary in order for Sunnya to make an informed election carries no weight.

31. On the basis of the scope of the conduct that it is the subject of the liability findings against GABT referred to above, having regard to the relationships between GABT and Mr He, Ms Lu and/or members of their family, and having regard to the principles referred to at [17] above, I consider that those categories of documents are relevant to the elections to be made by Sunnya, and that discovery of the documents is necessary for Sunnya to make an informed election, subject to the following exceptions and qualifications:

32. Categories 7 and 8 should be limited to Australian or New Zealand-manufactured Neurio-branded products for the reasons explained above in relation to the discovery categories for Mr He and Ms Lu;

33. Category 9 should also be limited to Australian or New Zealand-manufactured Neurio-branded products and sub-categories (b), (c) and (d) should be reduced in scope by deleting all references to “the sale of all products overall”;

34. Category 10 should also be limited to Australian or New Zealand-manufactured Neurio-branded products;

35. Categories 12(b), 16, 17 and 24(b) should be limited to any lactoferrin milk powder product manufactured in Australia or New Zealand in the relevant period that was to be sold to ultimate consumers in China in Neurio-branded packaging;

36. Category 21 is not necessary as it duplicates category 10 (as amended above);

37. Categories 22-29 should also be limited to Australian or New Zealand-manufactured Neurio-branded products;

38. Category 34 is not relevant or necessary to enable Sunnya to make an informed election because it is directed at future plans, budgets and forecasts rather than benefits and gains actually received or achieved. I accept Sunnya’s submission that is arguable that benefits for which GABT is liable to account would include the value of its business in distributing or selling Australian or New Zealand-manufactured Neurio-branded products. However, contrary to Sunnya’s submissions, it is actual financial results, not future plans, budgets and forecasts, that are the principal sources of information examined in order to conduct such a valuation. Category 34 should therefore be excluded from the scope of the discovery orders to be made in relation to GABT;

39. Category 35 should also be excluded from the scope of the discovery orders because it would require discovery of the terms of any loans or funding arrangements entered into by GABT during an unlimited period of time. Sunnya has not proposed any limitation of the time period, despite being afforded the opportunity of making written submissions following the hearing on 10 December 2025. I am not satisfied that discovery of the documents in category 35 is necessary for Sunnya to make an informed election between remedies, given that the discovery will include financial statements that would disclose assets and liabilities;

40. Category 36 should be excluded from the scope of the discovery orders because I do not accept the assertion in Sunnya’s further written submissions that an understanding of all intellectual property rights owned by GABT (at any time, irrespective of whether they relate to the Neurio brand and irrespective of the products to which they relate) would be relevant to assessing the value of GABT’s business of distributing or selling Australian or New Zealand-manufactured Neurio-branded products for the purpose of Sunnya’s election between remedies;

41. Category 37 should be excluded from the scope of the discovery orders because Sunnya did not identify the relevance of employment contracts between GABT and its senior employees to the issues that remain to be determined in these proceedings or to Sunnya’s election between remedies;

42. Categories 38 and 39 would require discovery of GABT’s annual profit and loss statements and annual balance sheets for the period from 30 June 2016 to 30 June 2022 – a period of six years before GABT knowingly assisted Mr He’s and Ms Lu’s breaches of fiduciary duty in the period from October 2022. Those documents are not relevant to the issues that remain to be determined in these proceedings or to Sunnya’s election between remedies. However, I accept that those classes of documents would be relevant if the time period were amended to 30 June 2020 to 30 June 2025, so as to facilitate an assessment of the value of GABT’s business of distributing or selling Australian or New Zealand-manufactured Neurio-branded products for the purpose of Sunnya’s election between inconsistent remedies. That amendment would capture the period from October 2022 when the relevant conduct occurred, and an earlier period from 30 June 2020 to October 2022 for comparison purposes. Categories 38 and 39 will be amended accordingly; and

43. Category 42 should be excluded from the scope of discovery in the absence of any submission by Sunnya explaining the relevance of submissions made by GABT to any external lenders or funders in connection with any loan applications (as opposed to primary evidence of GABT’s financial reports and/or objective contemporaneous valuations of GABT’s business).

44. In addition to the exceptions listed above, I note that many of the discovery categories are expressed in terms which include Chinese characters, which have not been translated for the Court. Those characters are excluded from the description of the categories of documents for discovery by GABT. It will be open to Sunnya to serve on GABT a certified translation of the discovery orders at the same time as serving the orders expressed in the English language.

45. I have arrived at these decisions after considering Sunnya’s written submissions received on 17 December 2025. As I have already mentioned, GABT did not appear at the hearing of the discovery motion and did not subsequently make any written submissions.

Sunnya’s application for discovery orders against GNT

31. Relevantly to the present application, GNT has been held to have:

32. knowingly assisted the breaches of fiduciary duty by Mr He and Ms Lu that are the subject of the commercial invoices/undervalue sales findings;

33. knowingly assisted the breaches of fiduciary duty by Mr He and Ms Lu that are the subject of the improper Neurio products findings; and

34. knowingly assisted the breaches of fiduciary duty by Mr He and Ms Lu that are the subject of the Neurio/NRIO findings by distributing some of the Neurio/NRIO-branded products in China from no later than 30 October 2022: [2025] NSWCA 79 at [92]-[105].

35. In respect of each of those liability findings, GNT has been ordered to pay compensation to Sunnya, or account to Sunnya for any benefit or gain obtained, at the election of Sunnya.

36. The 40 categories of documents in respect of which Sunnya seeks discovery orders against GNT are reproduced in the Schedule to these reasons.

37. Again, Mr Zhu’s mere assertion that discovery of those categories is necessary in order for Sunnya to make an informed election carries no weight.

38. On the basis of the scope of the conduct that it is the subject of the liability findings against GNT referred to above, having regard to the relationships between GNT and Mr He, Ms Lu and/or members of their family, and having regard to the principles referred to at [17] above, I consider that those categories of documents are relevant to the elections to be made by Sunnya, and that discovery of the documents is necessary for Sunnya to make an informed election, subject to the following exceptions and qualifications:

39. Categories 7-8, 10 and 12 should be limited to Australian or New Zealand-manufactured Neurio-branded products for the reasons explained above in relation the discovery categories for Mr He and Ms Lu;

40. as Categories 9, 11, 15(a), 16(a), 17(a), 18(a), 19(a), 20(a), 21(a) and 22(a) appear to be based on the under-value sales findings which related to conduct in the period from April 2021 to November 2022, the time period in each of those categories should be amended to end on 30 June 2023;

41. Categories 22(b) and (d)-(f) should also be limited to Australian or New Zealand-manufactured Neurio-branded products;

42. Category 22(c) should be limited to any lactoferrin milk powder product manufactured in Australia or New Zealand in the relevant period that was to be sold to ultimate consumers in China in Neurio-branded packaging;

43. Categories 23-27 should also be limited to Australian or New Zealand-manufactured Neurio-branded products;

44. Category 32 should be excluded from the scope of the discovery orders to be made for the same reasons as I have excluded category 34 in respect of GABT;

45. Category 33 should be excluded from the scope of the discovery orders to be made for the same reasons as I have excluded category 35 in respect of GABT;

46. Category 34 should be excluded from the scope of the discovery orders to be made for the same reasons as I have excluded category 36 in respect of GABT;

47. Category 35 should be excluded from the scope of the discovery orders to be made for the same reasons as I have excluded category 37 in respect of GABT;

48. Categories 36 and 37 would require discovery of GNT’s annual profit and loss statements and balance sheets in the period from 30 June 2016 to 30 June 2021 – a period of five years before GNT first knowingly assisted Mr He’s and Ms Lu’s breaches of fiduciary duty in April 2021 and ending before GNT knowingly assisted Mr He’s and Ms Lu’s breaches of fiduciary duty that are the subject of the Neurio/NRIO findings from October 2022 and the improper Neurio products findings in December 2022 and January 2023. Annual profit and loss statements and balance sheets for the period from 30 June 2019 to 30 June 2025 would facilitate an assessment of the value of GNT’s business of distributing or selling Australian or New Zealand-manufactured Neurio-branded products for the purpose of Sunnya’s election between inconsistent remedies by capturing the period from April 2021 when the relevant conduct first occurred, the period from October 2022 when other relevant conduct commenced, and an earlier period from 30 June 2019 to April 2021 for comparison purposes. Categories 36 and 37 will be amended accordingly;

49. Category 40 should be excluded from the scope of the discovery orders to be made for the same reasons as I have excluded category 42 in respect of GABT.

50. In addition to the exceptions listed above, I note that many of the discovery categories are expressed in terms which include Chinese characters, which have not been translated for the Court. Those characters are excluded from the description of the categories of documents for discovery by GNT. It will be open to Sunnya to serve on GNT a certified translation of the discovery orders at the same time as serving the orders expressed in the English language.

51. I have arrived at these decisions after considering Sunnya’s written submissions received on 17 December 2025. GNT did not appear at the hearing of the discovery motion and did not subsequently make any written submissions.

Sunnya’s application for discovery orders against Supermega and Megadairy

38. Relevantly to the present application, Supermega and Megadairy have been held to have:

39. knowingly assisted the breaches of fiduciary duty by Mr He and Ms Lu that are the subject of the improper Neurio products findings; and

40. knowingly assisted the breaches of fiduciary duty by Mr He and Ms Lu that are the subject of the Neurio/NRIO findings in the period from December 2022 by contracting to supply, and by supplying, New Zealand-manufactured NRIO-branded sachets of formulated milk powder with the knowledge that those sachets would be marketed and sold in China in tins bearing the Neurio and NRIO brands.

41. In respect of each of those liability findings, Supermega and Megadairy have been ordered to pay compensation to Sunnya, or account to Sunnya for any benefit or gain obtained, at the election of Sunnya.

42. The 16 categories of documents in respect of which Sunnya seeks discovery orders against Supermega and Megadairy are reproduced in the Schedule to these reasons.

43. Again, Mr Zhu’s mere assertion that discovery of those categories is necessary in order for Sunnya to make an informed election carries no weight.

44. On the basis of the scope of the conduct that it is the subject of the liability findings against Supermega and Megadairy referred to above, and having regard to the principles referred to at [17] above, I consider that those categories of documents are relevant to the elections to be made by Sunnya, and that discovery of the documents is necessary for Sunnya to make an informed election, subject to the following exceptions and qualifications:

45. Categories 7(c), 8(f), 10(b), 13(d), 14(c), 15(c) and 16(c) should be limited to products that were to be sold or were capable of being sold to ultimate consumers in China in Neurio-branded packaging, as Sunnya’s further written submissions accepted;

46. Category 9(c)-(e), (h), (i), (j) should be limited in their scope to Neurio-branded products; and

47. Categories 9(l)-(o), which are not limited to Neurio-branded products, should be excluded from the scope of the discovery orders.

48. In addition to the exceptions listed above, I note that many of the discovery categories are expressed in terms which include Chinese characters, which have not been translated for the Court. Those characters are excluded from the description of the categories of documents for discovery by Supermega and Megadairy.

49. I have arrived at these decisions after considering Sunnya’s written submissions received on 17 December 2025. As I have already mentioned, Supermega and Megadairy did not appear and the hearing of the discovery motion on 10 December 2025 and did not take up the opportunity to make written submissions about the proposed discovery categories after that hearing. Supermega and Megdairy’s written submissions were directed instead to their contentions that the discovery motion should be dismissed or stayed insofar as Sunnya sought orders for discovery against them.

50. It was submitted on behalf of Supermega and Megadairy that Sunnya’s application for discovery orders against them should be dismissed because Sunnya would not be entitled to apply to a New Zealand court for interim relief in support of any discovery orders made by this Court in these proceedings: see NZ Trans-Tasman Act, s 31. Curiously, it was submitted that Sunnya would “likely and inevitably” attempt to enforce any discovery orders made by this Court in New Zealand, despite the provisions of s 31 of the NZ Trans-Tasman Act. It was submitted that this would result in the unnecessary incurring of costs by Supermega and Megadairy in New Zealand, and that Sunnya’s application for discovery orders against them was therefore an abuse of process.

51. I reject those submissions. Supermega and Megadairy are subject to the jurisdiction of this Court, having been served and entered appearances in these proceedings, and having actively participated in the hearings that resulted in the liability judgments against them at trial and on appeal. [5] Any wilful non-compliance by Supermega and Megadairy with discovery orders made by this Court may constitute contempt of court for which they may be liable to punishment by this Court. It is not “likely” or “inevitable” that Sunnya will seek relief from a New Zealand court in aid of enforcement of discovery orders made by this Court. On the contrary, s 31 of the NZ Trans-Tasman Act is one reason why Sunnya would be unlikely to do so. Sunnya’s application for discovery orders against Supermega and Megadairy in these proceedings in which they have been held to have knowingly assisted breaches of fiduciary duties by two directors of Sunnya and issues of quantum remain to be determined, is entirely consistent with the principles referred to at [5] above. The application is not an abuse of process.

52. It was further submitted on behalf of Supermega and Megadairy that the balance of these proceedings, including the discovery application, should be stayed as against Supermega and Megadairy pending the outcome of proceedings in the High Court of New Zealand, which Supermega and Megadairy described as proceedings to “set aside the liability judgments” of this Court and the Court of Appeal under s 61 of the NZ Trans-Tasman Act. Those proceedings have been heard and judgment is reserved. Supermega and Megadairy presently expect that judgment will be delivered in about March 2026. They submitted that such a stay should be granted because: “If the Australian liability judgments are set aside in New Zealand … then all proceedings in NSW against the NZ Parties should naturally fall away as it would no longer be an appropriate forum to determine the intellectual property disputes between [Sunnya] and the NZ Parties.” They referred to the “clearly inappropriate forum test” that governs a stay of local proceedings in favour of a foreign forum, namely that “a stay should be granted if the local court is a clearly inappropriate forum which will be the case if continuation of the proceedings in that court would be oppressive, in the sense of ‘seriously and unfairly burdensome, prejudicial or damaging’, or, vexatious, in the sense of ‘productive of serious and unjustified trouble and harassment’.” [6]

53. I reject those submissions, which misstate the potential outcome of the proceedings in the High Court of New Zealand, and the nature of the proceedings in this Court.

54. The proceedings in the High Court of New Zealand are proceedings in which the NZ Parties have applied to set aside the registration in New Zealand of the liability judgments of this Court and the Court of Appeal under s 61(2)(c) of the NZ Trans-Tasman Act. If the NZ Parties succeed in setting aside the registration of those judgments in New Zealand, they will remain judgments of this Court.

55. As I have already explained, the proceedings in this Court are a dispute about breaches of fiduciary duty by directors of Sunnya. Those directors have been found to have breached their fiduciary duties in several respects, and Supermega and Megadairy have been found to have knowingly assisted some of those breaches. The submissions made on behalf of Supermega and Megadairy do not identify any reason why this Court would become a clearly inappropriate forum to hear and determine the outstanding dispute in these proceedings about the quantum of equitable compensation they must pay or the quantum of profits for which they must account as a consequence of their knowing assistance, if the High Court of New Zealand sets aside the registration in New Zealand of the liability judgments of this Court and the Court of Appeal under s 61(2)(c) of the NZ Trans-Tasman Act.

56. Finally, it was submitted on behalf of Supermega and Megadairy that this Court should not make any discovery orders against them without first hearing their motion for a stay of these proceedings (including Sunnya’s discovery motion) pending the determination of the proceedings in the High Court of New Zealand.

57. I reject that submission.

58. Supermega and Megadairy were on notice of Sunnya’s discovery motion from at least 22 August 2025 when directions were first made to facilitate the filing and hearing of the motion. Supermega and Megadairy informed the Court on that occasion that the outcome of the proceedings they had commenced in the High Court of New Zealand, once known, may affect what should happen with Sunnya’s discovery motion. In order to accommodate that view held by Supermega and Megadairy, and without entertaining any debate about the matter at that time, they were granted to liberty to apply to for any variation that they might wish to seek to the directions for the discovery motion following the determination of those proceedings in New Zealand.

59. At a further directions hearing on 24 November 2025, Supermega and Megadairy suggested for the first time that the discovery motion should not proceed until their New Zealand proceedings had been determined. They were informed that they would need to formally apply for a stay if they wished to press that contention.

60. Supermega and Megadairy took no steps to apply for a stay until the day before the hearing of Sunnya’s discovery motion, when their solicitor sent an unfiled notice of motion for a stay by email to my Associate, and advising that he had no instructions to appear at the hearing of the discovery motion (but not seeking leave to be excused).

61. There was no appearance for Supermega and Megadairy at the hearing of the discovery motion on 10 December 2025. Their notice of motion for a stay was subsequently filed on 12 December 2025, but they took no steps to have that stay motion listed for hearing, choosing instead to seek to prosecute it by the written submissions referred to above in opposition to Sunnya’s discovery motion.

62. Supermega and Megadairy have offered no explanation to this Court for their delay in filing their notice of motion for a stay, or for their subsequent conduct in relation to it. The submissions they have made in support of the stay motion (in the context of opposing Sunnya’s discovery motion) have been rejected for the reasons explained above.

63. In my opinion, in all of those circumstances, it would be contrary to s 56 of the Civil Procedure Act 2005 (NSW) to defer the hearing of Sunnya’s discovery motion pending a hearing of Supermega’s and Megadairy’s motion for a stay.

Sunnya’s application for discovery orders against Sunlife

59. Relevantly to the present application, Sunlife has been found to have knowingly assisted the breaches of fiduciary duty by Mr He and Ms Lu that are the subject of the Neurio/NRIO findings in the period from May 2023 by participating in the marketing and sale of Neurio/NRIO branded formulated milk powder products in China.

60. The 28 categories of documents in respect of which Sunnya seeks discovery orders against Sunlife are reproduced in the Schedule to these reasons.

61. Again, Mr Zhu’s mere assertion that discovery of those categories is necessary in order for Sunnya to make an informed election carries no weight.

62. On the basis of the scope of the conduct that it is the subject of the liability finding against Sunlife, having regard to the relationships between Sunlife and Mr He, Ms Lu and/or members of their family, and having regard to the principles referred to at [17] above, I consider that those categories of documents are relevant to the elections to be made by Sunnya, and that discovery of the documents is necessary for Sunnya to make an informed election, subject to the following exceptions and qualifications:

63. Categories 9, 10, and 21-28 should be limited to Australian or New Zealand-manufactured Neurio-branded products; and

64. Categories 11(b), 15, 16 and 23(b) should be limited to any lactoferrin milk powder product manufactured in Australia or New Zealand during the relevant period that was to be sold to ultimate consumers in China in Neurio-branded packaging, as Sunnya’s further written submissions accepted.

65. In addition to the exceptions listed above, I note that some of the discovery categories are expressed in terms which include Chinese characters, which have not been translated for the Court. Those characters are excluded from the description of the categories of documents for discovery by Sunlife.

66. I have arrived at these decisions after considering Sunnya’s written submissions received on 17 December 2025. Sunlife did not appear at the hearing of the discovery motion and did not subsequently make any written submissions.

Cost of compliance with proposed discovery orders

65. Orders for the discovery of those categories of documents by Mr He and Ms Lu, GABT, GNT, Supermega, Megadairy and Sunlife are likely to require the production of a significant volume of documents. That reflects the number of breaches of fiduciary duty that Mr He and Ms Lu have been held to have committed and in which the other defendants have knowingly assisted, the period of time over which those breaches occurred as part of a series of co-ordinated actions, and the number of entities which stood to benefit from those co-ordinated actions in consideration for which they may have conferred benefits directly or indirectly and Mr He and/or Ms Lu.

66. Mr Zhu gave some very general evidence attempting to estimate the likely time and cost involved for the defendants in complying with the discovery orders sought by Sunnya against each of the defendants. Mr Zhu’s evidence does not rise higher than guesswork without any understanding of the extent to which the documents sought exist and, if so, the manner in which they have been stored by the defendants and the steps that the defendants would need to take to collate, review and discover them. That may be the best that Mr Zhu was able to do in the circumstances, but the evidence carries little, if any, weight. I consider that the costs are likely to be higher than estimated by Mr Zhu, but I do not have the benefit of any evidence from any of the defendants that would assist me in estimating those costs. Importantly, none of the defendants submitted that orders for discovery of the categories of documents sought by Sunnya would be oppressive, with the exception of Supermega and Megadairy which submitted that any discovery would be oppressive. Those submissions have been rejected for the reasons explained above.

Conclusion and orders

67. For all of the foregoing reasons, the orders of the Court are as follows:

68. Order that the first and second defendants (Mr He and Ms Lu) are to give discovery of the following classes of documents, by filing and serving a list of documents in accordance with r 21.3 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) by 12 February 2026 and by making those documents available in accordance with r 21.5 of the UCPR on and from seven days after the filing and service of the list:

| Category | Documents | | 1. | Income tax returns prepared for Mr He for the financial years ended 30 June 2021, 2022, 2023 2024 and 2025. | | 2. | Notice of assessment issued to Mr He by the Australian Tax Office for the financial years ended 30 June 2021, 2022, 2023 2024 and 2025. | | 3. | Income tax returns prepared for Ms Lu for the financial years ended 30 June 2021, 2022, 2023 2024 and 2025. | | 4. | Notice of assessment issued to Ms Lu by the Australian Tax Office for the financial years ended 30 June 2021, 2022, 2023 2024 and 2025. | | 5. | Individual taxation returns for Mr He for the financial years ended 30 June 2021, 2022, 2023 2024 and 2025 prepared and or submitted for the purposes of declaring income to any authority in the Peoples Republic of China. | | 6. | Individual taxation returns Ms Lu for the financial years ended 30 June 2021, 2022, 2023 2024 and 2025 prepared and or submitted for the purposes of declaring income to any authority in the Peoples Republic of China. | | 7. | Copies of statements for any bank account held in the name of (including jointly with anyone else) or operated by Mr He whether in Australia or any other foreign jurisdiction for the period April 2021 to the date of discovery. | | 8. | Copies of statements for any bank account held in the name of a any trust of which Mr He acts as trustee or is a beneficiary whether in Australia or any other foreign jurisdiction for the period April 2021 to the date of discovery. | | 9. | Copies of statements for any bank account held in the name of (including jointly with anyone else) or operated by Ms Lu whether in Australia or any other foreign jurisdiction for the period April 2021 to the date of discovery. | | 10. | Copies of statements for any bank account held in the name of a any trust of which Ms Lu acts as trustee or is a beneficiary whether in Australia or any other foreign jurisdiction for the period April 2021 to the date of discovery. | | 11. | Documents recording any payments received by Mr He or on his behalf or for his benefit, from GNT (or from anyone on their behalf) for the period April 2021 to the date of discovery. | | 12. | Documents recording any payments received by Mr He or on his behalf or for his benefit, from GABT (or from anyone on their behalf) for the period April 2021 to the date of discovery. | | 13. | Documents recording any payments received by Mr He or on his behalf or for his benefit, from Supermega (or from anyone on their behalf) for the period October 2022 to the date of discovery. | | 14. | Documents recording any payments received by Mr He or on his behalf or for his benefit, from Megadairy (or from anyone on their behalf) for the period October 2022 to the date of discovery. | | 15. | Documents recording any payments received by Mr He or on his behalf or for his benefit, from Yancheng Lu (or from anyone on their behalf) for the period April 2021 to the date of discovery for the purchase and/or sale of any Australian or New Zealand-manufactured Neurio branded products. | | 16. | Documents recording any payments received by Mr He or on his behalf or for his benefit, from Yanping Lu (or from anyone on their behalf) for the period April 2021 to the date of discovery for the purchase and/or sale of any Australian or New Zealand-manufactured Neurio branded products. | | 17. | Documents recording any payments received by Mr He or on his behalf or for his benefit, from Aiping Zhang (or from anyone on their behalf) for the period April 2021 to the date of discovery for the purchase and/or sale of any Australian or New Zealand-manufactured Neurio branded products. | | 18. | Documents recording any payments received by Ms Lu or on her behalf or for her benefit, from GNT (or from anyone on their behalf) for the period April 2021 to the date of discovery. | | 19. | Documents recording any payments received by Ms Lu or on her behalf or for her benefit, from GABT (or from anyone on their behalf) for the period April 2021 to the date of discovery. | | 20. | Documents recording any payments received by Ms Lu or on her behalf or for her benefit, from Supermega (or from anyone on their behalf) for the period October 2022 to the date of discovery. | | 21. | Documents recording any payments received by Ms Lu or on her behalf or for her benefit, from Megadairy (or from anyone on their behalf) for the period October 2022 to the date of discovery. | | 22. | Documents recording any payments received by Ms Lu or on her behalf or for her benefit, from Yancheng Lu (or from anyone on their behalf) for the period April 2021 to the date of discovery for the purchase and/or sale of any Australian or New Zealand-manufactured Neurio branded products. | | 23. | Documents recording any payments received by Ms Lu or on her behalf or for her benefit, from Yanping Lu (or from anyone on their behalf) for the period April 2021 to the date of discovery for the purchase and/or sale of any Australian or New Zealand-manufactured Neurio branded products. | | 24. | Documents recording any payments received by Ms Lu or on her behalf or for her benefit, from Aiping Zhang (or from anyone on their behalf) for the period April 2021 to the date of discovery for the purchase and/or sale of any Australian or New Zealand-manufactured Neurio branded products. |

2. Order that the third defendant (GABT) is to give discovery of the following classes of documents, by filing and serving a list of documents in accordance with r 21.3 of the UCPR by 12 February 2026 and by making those documents available in accordance with r 21.5 of the UCPR on and from seven days after the filing and service of the list:

| Category | Documents | | 1. | A complete copy of any electronic file used to store or save GABT’s accounting system records, accounting ledgers and/or general ledgers covering the period October 2022 to the date of discovery. | | 2. | Annual profit and loss statements of GABT (or documents that records the annual profit and loss and/or income results of GABT) covering the period from October 2022 to the date of discovery. | | 3. | Annual balance sheet for GABT (or documents that records the assets and liability position of GABT) covering the period from October 2022 to the date of discovery. | | 4. | Annual cashflow statements of GABT covering the period from October 2022 to the date of discovery. | | 5. | General ledger for GABT covering the period from October 2022 to the date of discovery. | | 6. | Annual audit report for GABT covering the period from October 2022 to the date of discovery. | | 7. | Documents recording the costs of purchases recognised (including associated tax, duties, shipping and other costs) of Australian or New Zealand-manufactured Neurio branded products covering the period from October 2022 to the date of discovery. | | 8. | Documents recording the revenue recognised on each sale of Australian or New Zealand-manufactured Neurio branded products by GABT covering the period from October 2022 to the date of discovery. | | 9. | Monthly management financial reports of GABT (or other documents) which identify: a. The volume / no of units of each Australian or New Zealand-manufactured Neurio branded product sold; b. The level of Gross Profit or Gross Margin recorded by GABT on the sale of Australian or New Zealand-manufactured Neurio branded products; c. The administrative, selling, marketing, overhead or other costs applicable or attributed to the sale of Australian or New Zealand-manufactured Neurio branded products; and/or d. Any other revenue or benefits derived from the sale of Australian or New Zealand-manufactured Neurio branded products, covering the period from October 2022 to the date of discovery. | | 10. | Documents (including payment and receipt transaction listings) recording payments (by cash, electronic funds payment or any other payment means) received by GABT (or its agent) from sales of Australian or New Zealand-manufactured Neurio branded products covering the period from October 2022 to the date of discovery. | | 11. | Documents that record the declaration and/or payments of any dividends by GABT covering the period from October 2022 to the date of discovery. | | 12. | Documents recording any accounting adjustments (such as reversals, cancellations, returns or credits) made by GABT in relation to: a. purchases by GABT (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery; b. purchases by GABT (or its agent) of any lactoferrin milk powder product manufactured in Australia or New Zealand during the period from October 2022 to the date of discovery that was to be sold to ultimate consumers in China in Neurio-branded packaging; and/or c. sales by GABT (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery | | 13. | Annual taxation records covering the period from October 2022 to the date of discovery, including documents that record: a. the annual taxable profit of GABT; b. the income declared by GABT to the relevant authority; c. annual, quarterly and monthly Corporate Income Tax Returns; d. annual, quarterly and monthly VAT declarations; and/or e. taxation registration documents | | 14. | Purchase invoices and purchase orders (including official VAT invoices issued to GABT and any other form of purchase invoice or purchase order including any Proforma Invoice) recording all purchases by GABT (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery. | | 15. | Documents that record: a. invoice number; b. shipment reference number; c. Invoice date; d. Delivery date, or estimated delivery date; e. Details of the items purchased, including volume, product code and description, as well as the quantity of each item purchased; f. The total invoice amount, and currency; g. Any applicable duties, taxes or charges related to the purchase; and/or h. Identify of the purchasing entity, and delivery address, for purchases by GABT (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery. | | 16. | Purchase invoices and purchase orders (including official VAT invoices issued to GABT and any other form of purchase invoice or purchase order including any Proforma Invoice) recording all purchases by GABT (or its agent) of any lactoferrin milk powder product manufactured in Australia or New Zealand during the period from October 2022 to the date of discovery that was to be sold to ultimate consumers in China in Neurio-branded packaging. | | 17. | Documents that record: a. invoice number; b. shipment reference number; c. Invoice date; d. Delivery date, or estimated delivery date;; e. Details of the items purchased, including volume, product code and description, as well as the quantity of each item purchased; f. The total invoice amount, and currency; g. Any applicable duties, taxes or charges related to the purchase; and/or h. Identify of the purchasing entity, and delivery address, for purchases by GABT (or its agent) of any lactoferrin milk powder product manufactured in Australia or New Zealand during the period from October 2022 to the date of discovery that was to be sold to ultimate consumers in China in Neurio-branded packaging. | | 18. | Sales invoice (including official VAT invoices issued by GABT and any other form of sales invoice including any Proforma Invoice) recording all sales by GABT (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery. | | 19. | Documents recording: a. invoice number; b. shipment reference number; c. invoice date; d. delivery date, or estimated delivery date; e. details of the items sold, including volume, product code and description, as well as the quantity of each item sold f. the total invoice amount, and currency; g. any applicable duties, taxes or charges related to the sale h. identify of the selling entity; and/or i. identity of the customer, and customer delivery address, for sales by GABT (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery. | | 20. | Documents recording revenue recognised on each sale by GABT (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery. | | 21. | [Not used] | | 22. | GABT customer list, identifying each customer of GABT to whom Australian or New Zealand-manufactured Neurio branded products were sold in the period commencing October 2022 to the date of discovery. | | 23. | Customs, import and duty records related to Australian or New Zealand-manufactured Neurio branded products purchased and/or sold by GABT (or its agent) from April 2021 to the date of discovery including: a. Customs declarations; b. Commercial invoices identifying the exporter and importer; c. Packing lists detailing the contents of each shipment / consignment; d. Bills of lading; e. Import duty payment records; and/or f. Certificates of origin | | 24. | Contracts entered into by GABT: a. for the purchase by GABT (or its agent) of any Australian or New Zealand-manufactured Neurio branded products in the period commencing October 2022 to the date of discovery; b. for the purchase by GABT of lactoferrin milk powder products manufactured in Australia or New Zealand in the period commencing October 2022 to the date of discovery that were to be sold to ultimate consumers in China in Neurio-branded packaging; c. for the sale by GABT (or its agent) of any Australian or New Zealand-manufactured Neurio branded products in the period commencing October 2022 to the date of discovery; d. for any other entity acting as the agent for GABT in relation to the purchase, sale, marketing, distribution, exportation and/or importation of Australian or New Zealand-manufactured Neurio branded products in the period commencing October 2022 to the date of discovery; and/or e. with any sales channel partner (such as Tmall or JD.com) in respect of Australian or New Zealand-manufactured Neurio branded products in the period commencing October 2022 to the date of discovery. | | 25. | Any statements, report or other documents received or obtained by GABT from any sales channel partner (such as Tmall or JD.com) in the period commencing October 2022 to the date of discovery recording: a. daily sales and transaction of Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GABT; b. payments and settlement relating to Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GABT; c. the quantity and/or value of Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GABT; and/or d. commissions or fees payable to any channel partner in respect of Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GABT. | | 26. | Any invoices issued by any sales channel partner (such as Tmall or JD.com) to GABT for marketing fees, advertising and/or promotional activities in respect of Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GABT for the period commencing October 2022 to the date of discovery. | | 27. | Documents recording any Australian or New Zealand-manufactured Neurio branded products listed and/or displayed by any sales channel partner (such as Tmall or JD.com) on behalf of GABT for the period commencing October 2022 to the date of discovery. | | 28. | Documents recording any communication between GABT and any sales channel partner (such as Tmall or JD.com) relating to the marketing, sale and/or distribution of Australian or New Zealand-manufactured Neurio branded products in the period commencing October 2022 to the date of discovery. | | 29. | Documents recording delivery and/or consignment of Australian or New Zealand-manufactured Neurio branded products purchased and/or sold by or on behalf of GABT in the period commencing October 2022 to the date of discovery. | | 30. | Documents recording any payment made by GABT to Yinhang He (or anyone on his behalf) or to the benefit of Yinhang He in the period April 2021 to the date of discovery. | | 31. | Documents recording any payment made by GABT to Yanxia Lu (or anyone on her behalf) or to the benefit of Yanxia Lu in the period April 2021 to the date of discovery. | | 32. | Share certificates or any other documents recording the number and class of shares issued in GABT covering the period commencing October 2022 to the date of discovery and the identify of each owner of those shares. | | 33. | Share registration reports issued by any government authority recording the ownership of Shares in GABT covering the period commencing October 2022 to the date of discovery. | | 34. | [Not used] | | 35. | [Not used] | | 36. | [Not used] | | 37. | [Not used] | | 38. | Annual profit and loss statements of GABT (or documents that records the annual profit and loss and/or income results of GABT) covering the period from 30 June 2020 to 30 June 2025. | | 39. | Annual balance sheet for GABT (or documents that records the assets and liability position of GABT) covering the period from 30 June 2020 to 30 June 2025. | | 40. | Documents recording any offer to acquire an interest in GABT or the business operated by GABT made after 1 October 2022. | | 41. | Documents recording any valuation prepared as to the value of the shares in GABT or the business operated by GABT for the period October 2022 to the date of discovery. | | 42. | [Not used] |

3. Order that the fourth defendant (GNT) is to give discovery of the following classes of documents, by filing and serving a list of documents in accordance with r 21.3 of the UCPR by 12 February 2026 and by making those documents available in accordance with r 21.5 of the UCPR on and from seven days after the filing and service of the list:

| Category | Documents | | 1. | A complete copy of any electronic file used to store or save GNT’s accounting system records, accounting ledgers and/or general ledgers covering the period of January 2020 to the date of discovery. | | 2. | Annual profit and loss statements of GNT (or documents that records the annual profit and loss and/or income results of GNT) covering the period from January 2020 to the date of discovery. | | 3. | Annual balance sheet for GNT (or documents that records the assets and liability position of GNT) covering the period from January 2020 to the date of discovery. | | 4. | Annual cashflow statements of GNT covering the period from January 2020 to the date of discovery. | | 5. | General ledger for GNT covering the period from January 2020 to the date of discovery. | | 6. | Annual audit report for GNT covering the period from January 2020 to the date of discovery. | | 7. | Documents recording the costs of purchases recognised (including associated tax, duties, shipping and other costs) of: a. Australian or New Zealand manufactured Neurio White tin, Neurio Blue tin and Neurio Gold tin products sold by GNT (or its agent) in the period commencing January 2020 to the date of discovery; and/or b. Australian or New Zealand manufactured Neurio branded product sold by GNT (or its agent) in the period commencing October 2022 to the date of discovery. | | 8. | Documents recording the revenue recognised on each sale of: a. Australian or New Zealand manufactured Neurio White tin, Neurio Blue tin and Neurio Gold tin products sold by GNT (or its agent) in the period commencing January 2020 to the date of discovery; and/or b. Australian or New Zealand manufactured Neurio branded product sold by GNT (or its agent) in the period commencing October 2022 to the date of discovery. | | 9. | Monthly management financial reports of GNT (or other documents) which identify: a. The volume / no of units of each Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya; b. The level of Gross Profit or Gross Margin recorded by GNT on the sale of all products overall, and the sale of Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya; c. The administrative, selling, marketing, overhead or other costs applicable or attributed to the sale of all products overall, and the sale of Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya; and/or d. Any other revenue or benefits derived from the sale of all products overall, and the sale of Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya, covering the period from January 2020 to 30 June 2023. | | 10. | Monthly management financial reports of GNT (or other documents) which identify: a. The volume / no of units of each Australian or New Zealand manufactured Neurio branded product sold; b. The level of Gross Profit or Gross Margin recorded by GNT on the sale of Australian or New Zealand manufactured Neurio branded products; c. The administrative, selling, marketing, overhead or other costs applicable or attributed to the sale of Australian or New Zealand manufactured Neurio branded products; and/or d. Any other revenue or benefits derived from the sale of Neurio Australian or New Zealand manufactured branded products, covering the period from October 2022 to the date of discovery. | | 11. | Documents (including payment and receipt transaction listings) recording payments (by cash, electronic funds payment or any other payment means) made by GNT (or its agent) to Sunnya for the purchase of Neurio White tin, Neurio Blue tin and Neurio Gold tin products covering the period from January 2020 to 30 June 2023. | | 12. | Documents (including payment and receipt transaction listings) recording payments (by cash, electronic funds payment or any other payment means) received by GNT (or its agent) from sales of: a. Australian or New Zealand manufactured Neurio White tin, Neurio Blue tin and Neurio Gold tin products sold by GNT (or its agent) in the period commencing January 2020 to the date of discovery; and/or b. Australian or New Zealand manufactured Neurio branded products sold by GNT (or its agent) in the period commencing October 2022 to the date of discovery. | | 13. | Documents that record the declaration and/or payments of any dividends by GNT covering the period from January 2020 to the date of discovery. | | 14. | Annual taxation records covering the period from January 2020 to the date of discovery, including documents that record: a. The annual taxable profit of GNT; b. The income declared by GNT to the relevant authority; c. Annual, quarterly and monthly Corporate Income Tax Returns; d. Annual, quarterly and monthly VAT declarations; and/or e. Taxation registration documents | | 15. | Purchase invoices and purchase orders (including official VAT invoicesissued to GNT and any other form of purchase invoice or purchase order including any Proforma Invoice) recording all purchases by GNT (or its agent) of: a. Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya covering the period from January 2020 to 30 June 2023; and/or b. all other Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery | | 16. | Documents recording: a. invoice number; b. shipment reference number; c. invoice date; d. delivery date, or estimated delivery date; e. details of the items purchased, including volume, product code and description, as well as the quantity of each item purchased; f. the total invoice amount, and currency; g. any applicable duties, taxes or charges related to the purchase; and/or h. identify of the purchasing entity, and delivery address, for all purchases by GNT (or its agent) of: a. Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya covering the period from January 2020 to 30 June 2023; and/or b. all other Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery | | 17. | Sales invoices (including official VAT invoices issued by GNT and any other form of sales invoice including any Proforma Invoice) recording all sales by GNT (or its agent) of: a. Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya covering the period from January 2020 to 30 June 2023; and/or b. all other Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery | | 18. | Documents recording: a. invoice number; b. shipment reference number; c. invoice date; d. delivery date, or estimated delivery date e. details of the items sold, including volume, product code and description, as well as the quantity of each item sold; f. the total invoice amount, and currency; g. any applicable duties, taxes or charges related to the sale h. identify of the selling entity; and/or i. identity of the customer, and customer delivery address, for all sales made by GNT (or its agent) of: a. Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya covering the period from January 2020 to 30 June 2023; and/or b. all other Neurio branded products manufactured in Australia or New Zealand covering the period from October 2022 to the date of discovery | | 19. | GNT customer list, identifying each customer of GNT to whom: a. Neurio White tin, Neurio Blue tin and Neurio Gold tin products purchased from Sunnya were sold in the period commencing January 2020 to 30 June 2023; and/or b. Neurio branded products manufactured in Australia or New Zealand were sold in the period commencing October 2022 to the date of discovery. | | 20. | Customs, import and duty records related to: a. Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya covering the period from January 2020 to 30 June 2023; and/or b. all other Neurio branded products manufactured in Australia or New Zealand purchased by GNT covering the period from October 2022 to the date of discovery including: a. Customs declarations b. Commercial invoices identifying the exporter and importer c. Packing lists detailing the contents of each shipment / consignment d. Bills of lading e. Import duty payment records and/or f. Certificates of origin | | 21. | Customs, import and duty records related to the sale of: a. any Neurio White tin, Neurio Blue tin and/or Neurio Gold tin products purchased from Sunnya by GNT covering the period from January 2020 to 30 June 2023; and/or b. all other Neurio branded products manufactured in Australia or New Zealand sold by GNT (or its agent) covering the period from October 2022 to the date of discovery including: a. Customs declarations b. Commercial invoices identifying the exporter and importer c. Packing lists detailing the contents of each shipment / consignment d. Bills of lading e. Import duty payment records and/or f. Certificates of origin | | 22. | Contracts entered into by GNT (or its agent): a. for the sale by GNT (or its agent) of Neurio White tin, Neurio Blue tin and Neurio Gold tin products purchased from Sunnya in the period commencing January 2020 to 30 June 2023; b. for the purchase by GNT (or its agent) of any Australian or New Zealand-manufactured Neurio branded products in the period commencing October 2022 to the date of discovery; c. for the purchase by GNT (or its agent) of any lactoferrin milk powder products manufactured in Australia or New Zealand in the period commencing October 2022 to the date of discovery that were to be sold to ultimate consumers in China in Neurio-branded packaging; d. for the sale by GNT (or its agent) of any Australian or New Zealand-manufactured Neurio branded products in the period commencing October 2022 to the date of discovery; e. for any other entity acting as the agent for GNT in relation to the purchase, sale, marketing, distribution, exportation and/or importation of Australian or New Zealand-manufactured Neurio branded products in the period commencing January 2020 to the date of discovery; and/or f. with any sales channel partner (such as Tmall or JD.com) in respect of Australian or New Zealand-manufactured Neurio branded products in the period commencing January 2020 to the date of discovery | | 23. | Any statements, report or other documents received or obtained by GNT from any sales channel partner (such as Tmall or JD.com) in the period commencing January 2020 to the date of discovery recording: a. daily sales and transaction of Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GNT; b. payments and settlement relating to Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GNT; c. the quantity and/or value of Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GNT; and/or d. commissions or fees payable to any channel partner in respect of Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GNT | | 24. | Any invoices issued by any sales channel partner (such as Tmall or JD.com) to GNT for marketing fees, advertising and/or promotional activities in respect of Australian or New Zealand-manufactured Neurio branded products distributed or sold on behalf of GNT for the period commencing January 2020 to the date of discovery. | | 25. | Documents recording any Australian or New Zealand-manufactured Neurio branded products listed and/or displayed by any sales channel partner (such as Tmall or JD.com) on behalf of GNT for the period commencing January 2020 to the date of discovery. | | 26. | Documents recording any communication between GNT and any sales channel partner (such as Tmall or JD.com) relating to the marketing, sale and/or distribution of Australian or New Zealand-manufactured Neurio branded products in the period commencing January 2020 to the date of discovery. | | 27. | Documents recording delivery and/or consignment of Australian or New Zealand-manufactured branded products purchased and/or sold by or on behalf of GNT in the period commencing January 2020 to the date of discovery. | | 28. | Documents recording any payment made by GNT to Yinhang He (or anyone on his behalf) or to the benefit of Yinhang He in the period January 2020 to the date of discovery. | | 29. | Documents recording any payment made by GNT to Yanxia Lu (or anyone on her behalf) or to the benefit of Yanxia Lu in the period January 2020 to the date of discovery. | | 30. | Share certificates or any other documents recording the number and class of shares issued in GNT covering the period commencing January 2020 to the date of discovery and the identify of each owner of those shares. | | 31. | Share registration reports issued by any government authority recording the ownership of Shares in GNT covering the period commencing January 2020 to the date of discovery. | | 32. | [Not used] | | 33. | [Not used] | | 34. | [Not used] | | 35. | [Not used] | | 36. | Annual profit and loss statements of GNT (or documents that record the annual profit and loss and/or income results of GNT) covering the period from 30 June 2019 to 30 June 2025. | | 37. | Annual balance sheet for GNT (or documents that record the asset and liability position fo GNT) covering the period from 30 June 2019 to 30 June 2025. | | 38. | Documents recording any offer to acquire an interest in GNT or the business operated by GNT made after 1 January 2020. | | 39. | Documents recording any valuation prepared as to the value of the shares in GNT or the business operated by GNT for the period January 2020 to the date of discovery. | | 40. | [Not used] |

4. Order that each of the eighth and ninth defendants (Supermega and Megadairy) are to give discovery of the following classes of documents, by filing and serving a list of documents in accordance with r 21.3 of the UCPR by 12 February 2026 and by making those documents available in accordance with r 21.5 of the UCPR on and from seven days after the filing and service of the list:

| Category | Documents | | 1. | A complete copy of any electronic file used to store or save the accounting system records, accounting ledgers and/or general ledgers of: a. Supermega; b. Megadairy covering the period from October 2022 to the date of discovery. | | 2. | Annual profit and loss statements for: a. Supermega; b. Megadairy covering the period from October 2022 to the date of discovery. | | 3. | Annual balance sheet for: a. Supermega; b. Megadairy covering the period from October 2022 to the date of discovery. | | 4. | Annual cashflow statements of: a. Supermega; b. Megadairy covering the period from October 2022 to the date of discovery. | | 5. | General ledger of: a. Supermega; b. Megadairy covering the period from October 2022 to the date of discovery. | | 6. | Annual audit report for: a. Supermega; b. Megadairy covering the period from October 2022 to the date of discovery. | | 7. | Documents recording the revenue recognised on each sale of: a. NRIO or NRI branded products; b. Neurio branded products; c. any lactoferrin milk powder products that were to be sold or were capable of being sold to ultimate customers in China in Neurio-branded packaging, by Supermega and/or Megadairy covering the period from October 2022 to the date of discovery. | | 8. | Documents recording the revenue recognised on each sale of: a. NRIO or NRI branded products; b. Neurio branded products; c. any lactoferrin milk powder products that were to be sold or were capable of being sold to ultimate customers in China in Neurio-branded packaging, by Supermega and/or Megadairy to Shanghai Gainful covering the period from October 2022 to the date of discovery. | | 9. | Supermega and/or Megadairy monthly management financial reports (or other periodic reports, weekly or quarterly) recording monthly summarised financial results for the period commencing October 2022 of to the date discovery, including those reports that record: a. the volume / no of units of each Neurio branded product sold in the period commencing October 2022; b. the volume / no of units of each Neurio branded product sold to Shanghai Gainful (or its agent) in the period commencing October 2022; c. the level of Gross Profit or Gross Margin recorded by Supermega and/or Megadairy on the sale of Neurio branded products; d. the administrative, selling, marketing, overhead or other costs applicable or attributed to and the sale of Neurio branded products; e. any other revenue or benefits derived from the sale of Neurio branded products; f. the volume / no of units of each NRIO or NRI branded product sold in the period commencing October 2022; g. the volume / no of units of each NRIO or NRI branded product sold to Shanghai Gainful (or its agent) in the period commencing October 2022; h. the level of Gross Profit or Gross Margin recorded by Supermega and/or Megadairy onand the sale of NRIO or NRI branded products; i. the administrative, selling, marketing, overhead or other costs applicable or attributed to the sale of NRIO or NRI branded products; j. any other revenue or benefits derived from the sale of NRIO or NRI branded products; k. the volume / no of units of each lactoferrin milk powder product sold to GABT (or its agent) or GNT (or its agent) in the period commencing October 2022; l. [not used] m. [not used] n. [not used] o. [not used] | | 10. | Documents (including payment and receipt transaction listings) recording payments (by cash, electronic funds payment or any other payment means) received by from sales of: a. NRIO or NRI branded products (including the products sold pursuant to the Improper Contracts) b. Neurio branded products c. any lactoferrin milk powder products that were to be sold or were capable of being sold to ultimate customers in China in Neurio-branded packaging by Supermega and/or Megadairy covering the period from October 2022 to the date of discovery. | | 11. | Annual taxation records of Supermega covering the period from October 2022 to the date of discovery including documents that record: a. The annual taxable profit of Supermega; b. The income declared by Supermega to the relevant authority. | | 12. | Annual taxation records of Megadairy covering the period from October 2022 to the date of discovery including documents that record: a. The annual taxable profit of Megadairy; b. The income declared by Megadairy to the relevant authority. | | 13. | Sales invoices (including official VAT invoices and any other form of sales invoice including any Proforma Invoice) recording all sales of: a. NRIO or NRI branded products; b. Neurio branded products (including the products sold pursuant to the Improper Contracts); c. [not used] by Supermega and/or Megadairy covering the period from October 2022 to the date of discovery. | | 14. | Documents recording: a. invoice number; b. shipment reference number; c. invoice date; d. delivery date, or estimated delivery date; e. details of the items sold, including volume, product code and description, as well as the quantity of each item sold; f. the total invoice amount, and currency; g. any applicable duties, taxes or charges related to the sale; h. identify of the selling entity; and/or i. identity of the customer, and customer delivery address for all sales made by Supermega and/or Megadairy of: a. NRIO or NRI branded products; b. Neurio branded products (including the products sold pursuant to the Improper Contracts); c. any lactoferrin milk powder products that were to be sold or were capable of being sold to ultimate customers in China in Neurio-branded packaging covering the period from October 2022 to the date of discovery. | | 15. | Customs, import and duty records related to the sale of: a. NRIO or NRI branded products; b. Neurio branded products (including the products sold pursuant to the Improper Contracts); c. any lactoferrin milk powder products that were to be sold or were capable of being sold to ultimate customers in China in Neurio-branded packaging by Supermega and/or Megadairy covering the period from October 2022 to the date of discovery including: a. Customs declarations b. Commercial invoices identifying the exporter and importer c. Packing lists detailing the contents of each shipment / consignment d. Bills of lading e. Import duty payment records f. Certificates of origin | | 16. | Contracts entered into by Supermega and/or Megadairy for the sale of: a. NRIO or NRI branded products; b. Neurio branded products; c. any lactoferrin milk powder products that were to be sold or were capable of being sold to ultimate customers in China in Neurio-branded packaging by Supermega and/or Megadairy covering the period from October 2022 to the date of discovery. |

5. Order that the fifth defendant (Sunlife) is to give discovery of the following classes of documents, by filing and serving a list of documents in accordance with r 21.3 of the UCPR by 12 February 2026 and by making those documents available in accordance with r 21.5 of the UCPR on and from seven days after the filing and service of the list:

| Category | Documents | | 1. | A complete copy of any electronic file used to store or save the accounting system records, accounting ledgers and/or general ledgers of Sunlife covering the period from May 2023 to the date of discovery. | | 2. | Annual profit and loss statements for Sunlife covering the period from May 2023 to the date of discovery. | | 3. | Annual balance sheet for Sunlife covering the period from May 2023 to the date of discovery. | | 4. | Annual cashflow statements of Sunlife covering the period from May 2023 to the date of discovery. | | 5. | General ledger of Sunlife covering the period from May 2023 to the date of discovery. | | 6. | Annual audit report for Sunlife covering the period from May 2023 to the date of discovery. | | 7. | Documents recording the costs of purchases recognised (including associated tax, duties, shipping and other costs) of Neurio branded products covering the period from May 2023 to the date of discovery. | | 8. | Documents recording the revenue recognised on each sale of Neurio branded products covering the period from May 2023 to the date of discovery. | | 9. | Monthly management financial reports of Sunlife (or other documents) which identify: a. the volume / no of units of each Australian or New Zealand manufactured Neurio branded product sold; b. the level of Gross Profit or Gross Margin recorded by Sunlife on the sale of Australian or New Zealand manufactured Neurio branded products; c. the administrative, selling, marketing, overhead or other costs applicable or attributed to the sale of Australian or New Zealand manufactured Neurio branded products; and/or d. any other revenue or benefits derived from the sale of Australian or New Zealand manufactured Neurio branded products, covering the period from May 2023 to the date of discovery. | | 10. | Documents (including payment and receipt transaction listings) recording payments (by cash, electronic funds payment or any other payment means) received by Sunlife (or its agent) from sales of Australian or New Zealand manufactured Neurio branded products covering the period from May 2023 to the date of discovery. | | 11. | Documents recording any accounting adjustments (such as reversals, cancellations, returns or credits) made by Sunlife in relation to: a. purchases by Sunlife (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery; b. purchases by Sunlife (or its agent) of any lactoferrin milk powder product manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery that was to be sold to ultimate consumers in China in Neurio-branded packaging; c. sales by Sunlife (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery. | | 12. | Annual taxation records covering the period from May 2023 to the date of discovery, including documents that record: a. The annual taxable profit of Sunlife; b. The income declared by Sunlife to the relevant authority; c. Annual, quarterly and monthly Corporate Income Tax Returns; d. Annual, quarterly and monthly VAT declarations; e. Taxation registration documents | | 13. | Purchase invoices and purchase orders (including official VAT invoices issued to Sunlife and any other form of purchase invoice or purchase order including any Proforma Invoice) recording all purchases by Sunlife (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery. | | 14. | Documents that record: a. invoice number; b. shipment reference number; c. invoice date; d. delivery date, or estimated delivery date; e. details of the items purchased, including volume, product code and description, as well as the quantity of each item purchased; f. the total invoice amount, and currency; g. any applicable duties, taxes or charges related to the purchase; and/or h. identify of the purchasing entity, and delivery address, for purchases by Sunlife (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery. | | 15. | Purchase invoices and purchase orders (including official VAT invoices issued to Sunlife and any other form of purchase invoice or purchase order including any Proforma Invoice) recording all purchases by Sunlife (or its agent) of any lactoferrin milk powder product manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery that was to be sold to ultimate consumers in China in Neurio-branded packaging. | | 16. | Documents that record: a. invoice number; b. shipment reference number; c. invoice date; d. delivery date, or estimated delivery date; e. details of the items purchased, including volume, product code and description, as well as the quantity of each item purchased f. the total invoice amount, and currency; g. any applicable duties, taxes or charges related to the purchase; and/or h. identify of the purchasing entity, and delivery address, for purchases by Sunlife (or its agent) of any lactoferrin milk powder product manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery that was to be sold to ultimate consumers in China in Neurio-branded packaging. | | 17. | Sales invoice (including official VAT invoicesissued by Sunlife and any other form of sales invoice including any Proforma Invoice) recording all sales by Sunlife (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery. | | 18. | Documents recording: a. invoice number; b. shipment reference number; c. invoice date; d. delivery date, or estimated delivery date; e. details of the items sold, including volume, product code and description, as well as the quantity of each item sold; f. the total invoice amount, and currency; g. any applicable duties, taxes or charges related to the sale; h. identify of the selling entity; and/or i. identity of the customer, and customer delivery address, for sales by Sunlife (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery. | | 19. | Documents recording revenue recognised on each sale (including associated taxes, duties, shipping or other items) by Sunlife (or its agent) of Neurio branded products manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery. | | 20. | Documents recording payments (by cash, electronic funds payment or any other payment means) received by Sunlife (or its agent) from sales of Neurio branded products manufactured in Australia or New Zealand covering the period from May 2023 to the date of discovery. | | 21. | Sunlife customer list, identifying each customer of Sunlife to whom Australian or New Zealand manufactured Neurio branded products were sold in the period commencing May 2023 to the date of discovery. | | 22. | Customs, import and duty records related to Australian or New Zealand manufactured Neurio branded products purchased and/or sold by Sunlife (or its agent) from May 2023 to the date of discovery including: a. Customs declarations; b. Commercial invoices identifying the exporter and importer; c. Packing lists detailing the contents of each shipment / consignment; d. Bills of lading; e. Import duty payment records; f. Certificates of origin; | | 23. | Contracts entered into by Sunlife: a. for the purchase by Sunlife (or its agent) of any Australian or New Zealand manufactured Neurio branded products in the period commencing May 2023 to the date of discovery; b. for the purchase by Sunlife (or its agent) of any lactoferrin milk powder products manufactured in Australia or New Zealand in the period commencing May 2023 to the date of discovery that was to be sold to ultimate consumers in China in Neurio-branded packaging; c. for the sale by Sunlife (or its agent) of any Australian or New Zealand manufactured Neurio branded products in the period commencing May 2023 to the date of discovery; d. for any other entity acting as the agent for Sunlife in relation to the purchase, sale, marketing, distribution, exportation and/or importation of Australian or New Zealand manufactured Neurio branded products in the period commencing May 2023 to the date of discovery; e. with any sales channel partner (such as Tmall or JD.com) in respect of Australian or New Zealand manufactured Neurio branded products in the period commencing May 2023 to the date of discovery. | | 24. | Any statements, report or other documents received or obtained by Sunlife from any sales channel partner (such as Tmall or JD.com) in the period commencing May 2023 to the date of discovery recording: a. daily sales and transaction of Australian or New Zealand manufactured Neurio branded products distributed or sold on behalf of Sunlife; b. payments and settlement relating to Australian or New Zealand manufactured Neurio branded products distributed or sold on behalf of Sunlife; c. the quantity and/or value of Australian or New Zealand manufactured Neurio branded products distributed or sold on behalf of Sunlife; and/or d. commissions or fees payable to any channel partner in respect of Australian or New Zealand manufactured Neurio branded products distributed or sold on behalf of Sunlife; | | 25. | Any invoices issued by any sales channel partner (such as Tmall or JD.com) to Sunlife for marketing fees, advertising and/or promotional activities in respect of Australian or New Zealand manufactured Neurio branded products distributed or sold on behalf of Sunlife for the period commencing May 2023 to the date of discovery. | | 26. | Documents recording any Australian or New Zealand manufactured Neurio branded products listed and/or displayed by any sales channel partner (such as Tmall or JD.com) on behalf of Sunlife for the period commencing May 2023 to the date of discovery. | | 27. | Documents recording any communication between Sunlife and any sales channel partner (such as Tmall or JD.com) relating to the marketing, sale and/or distribution of Australian or New Zealand manufactured Neurio branded products in the period commencing May 2023 to the date of discovery. | | 28. | Documents recording delivery and/or consignment of Australian or New Zealand manufactured Neurio branded products purchased and/or sold by or on behalf of Sunlife in the period commencing May 2023 to the date of discovery. |

6. In these orders:

(a) the term Neurio branded product includes any product:

(i) bearing Neurio branding and/or labelling; (ii) bearing NRIO or NRI branding and/or labelling; (iii) bearing both Neurio and NRIO/NRI branding and/or labelling; or (iv) sold or to be sold in any container bearing Neurio branding and/or labelling, NRIO or NRI branding and/or labelling or both Neurio and NRIO/NRI branding and/or labelling;

(b) GABT means the third defendant to these proceedings Guangzhou Aotea Biological Technology Pte Ltd; (c) GNT means the fourth defendant to these proceedings Niuruiyou (Guangzhou) Trading Co Ltd formerly known as (Guangzhou Niurui Trading Co., Ltd); (d) Shanghai Gainful means Shanghai Gainful Industrial Co., Ltd; and (e) any reference to a payment to a defendant includes any payment made to a third party on their behalf including a payment to a trust.

7. Costs reserved.
8. List the matter for directions before Williams J at 9:15am on Wednesday, 25 February 2026.

Schedule_In the matter of Sunnya [2025] NSWSC 1570 (485 KB, pdf)

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Endnotes

In the matter of Sunnya Pty Ltd [2024] NSWSC 403.

He v Sunnya Pty Ltd; Supermega Market Ltd v Sunnya Pty Ltd [2025] NSWCA 78; Sunnya Pty Ltd v He [2025] NSWCA 79.

Firmtech Aluminium Pty Ltd v Xie (No 2) [2024] NSWSC 1427 at [10]-[19] (Nixon J) and the authorities there referred to.

Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 265 CLR 1; [2018] HCA 43 at [4]-[22] (Kiefel CJ, Keane and Edelman JJ).

See [1]-[3] and [38]-[39] above.

Henry v Henry (1996) 185 CLR 571 at 587 (Dawson, Gaudron, McHugh and Gummow JJ); [1996] HCA 51, referring to Voth v Manildra Flour Mills Pty Ltd (1990) 171 CLR 538 at 564-565 (Mason CJ, Deane, Dawson and Gaudron JJ); [1990] HCA 55 and Oceanic Sun Line Special Shipping Co Inc v Fay (1988) 165 CLR 197 at 247-248 (Deane J); [1988] HCA 32.