Xiang Du Pty Ltd v Adelaide Investment Corp (Australia) Pty Ltd [1999] FCA 713

FEDERAL COURT OF AUSTRALIA

Xiang Du Pty Ltd v Adelaide Investment Corp (Australia) Pty Ltd

[1999] FCA 713 XIANG DU PTY LTD, GUO GUANGCHANG AND DU JIN XIANG v ADELAIDE INVESTMENT CORPORATION (AUSTRALIA) PTY LTD (ACN 083 258 235) NO SG 108 OF 1998 O'LOUGHLIN J 31 MAY 1999 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 108 OF 1998

BETWEEN: XIANG DU PTY LTD, GUO GUANGCHANG AND DU JIN XIANG

Applicants

AND: ADELAIDE INVESTMENT CORPORATION (AUSTRALIA) PTY LTD (ACN 083 258 235)

First Respondent

MR CHRIS WYPYCH

Second Respondent

MR ALBERT GHASSIBE

Third Respondent

MR KYM KYONG CHOI

Fourth Respondent

JUDGE: O'LOUGHLIN J

DATE OF ORDER: 31 MAY 1999

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. There be judgment for the applicants against the respondents jointly and severally in the sum of $405,000 (which sum is inclusive of interest). 2. The respondents shall jointly and severally pay the applicants' costs which costs are to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 108 OF 1998

BETWEEN: XIANG DU PTY LTD, GUO GUANGCHANG AND DU JIN XIANG

Applicants

AND: ADELAIDE INVESTMENT CORPORATION (AUSTRALIA) PTY LTD (ACN 083 258 235)

First Respondent

MR CHRIS WYPYCH

Second Respondent

MR ALBERT GHASSIBE

Third Respondent

MR KYM KYONG CHOI

Fourth Respondent

JUDGE: O'LOUGHLIN J

DATE: 31 MAY 1999

PLACE: ADELAIDE

REASONS FOR JUDGMENT

1 This is a story of deceit. As a result, it is as complex as it is devious. Before engaging in the exercise of fact finding in areas of dispute, it will be helpful if the principal characters are identified and if the uncontentious facts are set out.