Jatcorp Limited (ASX: JAT) (“JAT” or the “Company”) is pleased to announce that on 4 December 2025, the High Court of Australia dismissed the application for special leave to appeal filed by Easter Wu and the Supermega Group (together, the “Wu Parties”) in relation to the decision of the New South Wales Court of Appeal in proceeding [2025] NSWCA 79. The High Court’s decision is recorded as [2025] HCADisp 296. The Wu Parties were also ordered to pay the costs of the High Court proceedings.
1. Background and Prior Court of Appeal Decision
In April 2025, the New South Wales Court of Appeal handed down its final judgment in proceeding [2025] NSWCA 79, comprehensively upholding the findings and injunctive relief granted at first instance against:
- Mr Yinghan He and Ms Yanxia Lu, and their related entities, including Guangzhou Niurui Trading Co., Ltd. (Niurui) and Guangzhou Aotiwa Biotechnology Co., Ltd. (GABT) (together, the “He Parties”); and
- Easter Wu and the Supermega Group (together, the “Wu Parties”), a former supplier.
The Court of Appeal confirmed multiple core claims advanced by Sunnya Pty Ltd (“Sunnya”), including the following key findings:
- Sunnya holds lawful ownership of the Neurio trademark in Australia and New Zealand.
- Mr He and Ms Lu provided false evidence to the Court.
- While acting as directors of Sunnya, Mr He and Ms Lu seriously breached their fiduciary duties by attempting to unlawfully transfer the Neurio trademark to entities under their control.
- The He Parties and the Wu Parties conspired to divert commercial opportunities that properly belonged to Sunnya and were protected by the Neurio trademark.
- After becoming aware of Sunnya’s freezing order application, Mr He and Ms Lu transferred funds to evade creditor claims, constituting conduct to defeat creditors.
- The He Parties permitted and facilitated the sale in China of products bearing the “NRIO/NRI” marks, thereby misappropriating Sunnya’s Neurio brand interests in the Chinese market.
- The Wu Parties submitted forged documents and false evidence to the Court.
The Court of Appeal also upheld a series of injunctions against the He Parties and the Wu Parties, including but not limited to:
- Prohibiting Mr He and Ms Lu from participating in commercial opportunities relating to the sale of Neurio products in China;
- Prohibiting them from manufacturing, selling, distributing, or exporting NRIO-branded products in Australia or New Zealand, or any products using Neurio packaging intended for the Chinese market;
- Prohibiting NZFDA from manufacturing, marketing, selling, or exporting NRIO-branded products, or selling products in Neurio packaging to any third party other than Sunnya.
In addition, the Court of Appeal upheld all of Sunnya’s grounds of appeal, finding that the relevant conduct was not in Sunnya’s best interests and caused substantial harm to the company. The Court further found that:
- Mr He and Ms Lu were involved in criminal conduct, including the use of false invoices and below-cost sales;
- The He Parties and the Wu Parties were required to pay all of Sunnya’s legal costs at the appeal stage; and
- Certain adverse costs orders made against Sunnya at first instance were overturned, significantly strengthening Sunnya’s overall position in the litigation.
2. Significance of the High Court Decision
As a result of the High Court of Australia’s dismissal of the application for special leave to appeal:
- The Court of Appeal’s final judgment remains fully effective, and all findings of liability and injunctive relief remain unchanged；
- The He Parties and the Wu Parties remain prohibited from interfering with Sunnya’s Neurio business operations in Australia, New Zealand, and China;
- All avenues for further appeal have been exhausted; and
- The proceedings will now proceed immediately to the enforcement and damages assessment stage.
3. Next Steps
With the High Court proceedings concluded, the matter has now entered the phase of quantification of losses and enforcement of compensation. JAT will continue to support Sunnya in advancing the next steps of recovery, including:
- Progressing recovery actions in accordance with applicable legal procedures;
- Continuing to protect the Neurio brand and its lawful interests in Australia, New Zealand, and China; and
- Providing further updates to the market regarding material developments in the legal proceedings as appropriate.
4. Acknowledgement
JAT sincerely thanks its consumers, business partners, and investors for their continued support and trust.
The Company remains firmly committed to protecting its lawful rights, strengthening brand protection, and delivering reliable, high-quality products to consumers worldwide.
