76 - Who are you actually suing

You Can’t Sue a Shopfront Sign: Lessons from Wang v Loh on Naming the Right Defendant The episode explains that NSW court proceedings must be brought against legal persons (individuals or companies), not trading names, under UCPR 7.19, with unregistered business names usable only temporarily under rules 7.20 and 7.22 while the plaintiff must identify and amend to the real defendant; service can be effected on an unregistered business name under rule 10.9. Using Wang v Loh (NSW District Court, 2025), it shows how plaintiffs suing “Tofu King” over alleged trespass and nuisance from exhaust ducting faced months of searches, subpoenas, and disputes to identify the proper defendants: the lessee Mr Ting Ting Wu and Ozlong Enterprises Pty Ltd, which owned the business and trademark. The court upheld service, allowed substitution and amendment despite breach of rule 7.22, and highlights lessons on identifying the correct party early, pleading properly, serving strictly, and understanding business structures and liability. 00:00 Suing a Shopfront Name 01:36 Podcast Welcome Disclaimer 02:41 Legal Persons Rule 03:48 Business Names and Service 05:05 Wang v Loh Facts 07:01 Finding the Real Defendant 08:15 Service Dispute in Court 09:36 Judge Answers Three Questions 13:34 Key Lessons for Disputes 18:02 Final Takeaways and Links Wang v Lo [2025] NSWDC 413:  www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWDC/2025/413.html Uniform Civil Procedure Rules 2005 (NSW), rr.7.19–22:  https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_reg/ucpr2005305/ Civil Procedure Act 2005 (NSW), s.14:  https://www.austlii.edu.au/cgi-bin/viewdb/au/legis/nsw/consol_act/cpa2005167/ ASIC business name and company search:  https://connectonline.asic.gov.au/RegistrySearch/faces/landing/bn/SearchBnRegisters.jspx?_adf.ctrl-state=17suze8s17_18