Yu v Wei [2020] NSWDC 647

District Court New South Wales

Medium Neutral Citation: Yu v Wei [2020] NSWDC 647 Hearing dates: 26, 27, 28, 29 August; 4, 5 December 2019 and 19 June 2020 (written submissions) Date of orders: 23 October 2020 Decision date: 23 October 2020 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff against the second defendant in the sum of $246,153.68 inclusive of interest. (2) Second defendant to pay the plaintiff's costs. (3) Liberty to the parties to apply within 14 days by email to my associate for a costs order in respect of the first defendant. (4) Claim against first defendant dismissed. Catchwords: PAYMENT OF MONEYS – intended as contribution to investment – not for purchase of antiques – kept by recipient for own purposes – whether recipient was payee on cheque – restitution – unjust enrichment – receipt of agent - whether loss necessary – relevance of passing on of loss – deeds of release – rule of construction of releases – whether applicable to payment – damages - costs Legislation Cited: District Court Act 1973, s 134 Uniform Civil Procedure Rules 2005, r 14.27 Cases Cited: Australia & New Zealand Banking Group Ltd v Westpac Banking Corp (1988) 164 CLR 662; [1988] HCA 17 Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560; [2014] HCA 14 Baltic Shipping Co v Dillon (The Ship Mikhail Lermontov) (1993) 176 CLR 344; [1993] HCA 4 Citigroup Pty Ltd v National Australia Bank Ltd (2012) 82 NSWLR 391 Commissioner of State Revenue (Vict) v Royal Insurance Australia Ltd (1994) 182 CLR 51 David Securities Pty Ltd v Commonwealth Bank of Australia (1992) 175 CLR 353, 379; [1992] HCA 353 Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 Kleinwort Sons & Co v Dunlop Rubber Co (1907) 97 LT 263 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221, 256-257; [1987] HCA 5 Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516; [2001] HCA 68 Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Guo Jun Yu (plaintiff) Park Zuliang Wei (first defendant) Top Pacific Group Pty Ltd (second defendant) Representation: Counsel: Mr A J Macauley (plaintiff) Mr F Santisi (26 to 29 August 2019); Mr D L Cook SC (4 to 5 December 2019) (defendants)