NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Prospective Life Pty Ltd v Rui Liang Xian trading as Lucky Styles [2020] NSWDC 697 Hearing dates: 12 October 2020 – 14 October 2020 Date of orders: 16 November 2020 Decision date: 16 November 2020 Jurisdiction: Civil Before: R. J. Weber SC DCJ Decision: (1) Judgment and verdict for the defendant against the plaintiff; (2) Judgment on costs is reserved. Catchwords: CONTRACTS — Whether there was breach of contract — Written terms — Oral terms — Implied terms — whether there were oral terms — whether there were terms implied by statute or other implied terms – Plaintiff agreed that the written agreement included everything she wished to be included – alleged oral terms necessarily superseded by express terms of the agreement – alleged implied terms not established – no breach by the defendant CIVIL PROCEDURE – Breach of overriding purpose pursuant to section 56 of the Civil Procedure Act Legislation Cited: Civil Procedure Act 2005 (NSW) Retail Leases Act 1994 (NSW) Cases Cited: Secured Income Real Estate (Australia) Ltd v St Martins Investment Pty Ltd [1979] HCA 51; (1979) 144 CLR 596 Category: Principal judgment Parties: Prospective Life Pty Ltd (Plaintiff) Rui Ling Xian (Defendant) Representation: Counsel: Mr L T Fermanis (Plaintiff) Dr E Peden SC, with Ms S Andrews (Defendant)
Solicitors: Zhang Shijing Lawyers (Plaintiff) Sunfield Chambers Solicitors and Associates (Defendant) File Number(s): 2019/00316962 Publication restriction: None
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