Sui v Jiang and Anor [2021] NSWSC 435

Supreme Court New South Wales

Medium Neutral Citation: Sui v Jiang and Anor [2021] NSWSC 435 Hearing dates: 30 September 2020, 22 October 2020, 12 November 2020, 22 February 2021 Date of orders: 30 April 2021 Decision date: 30 April 2021 Jurisdiction: Common Law Before: Johnson J Decision: 1. Verdict for each of the First Defendant and the Second Defendant on the claim by the Plaintiff.

2. The Plaintiff's claims against the First Defendant and the Second Defendant are dismissed.

3. In the absence of any written submissions (not exceeding three pages) from the parties on the question of costs being provided by email to Johnson J's Associate by 4.00 pm on 7 May 2021, the Court will make an order in Chambers that the Plaintiff pay 50% of the costs of the proceedings of the First and Second Defendants calculated on the ordinary basis.

4. In the event that written submissions are made on the question of costs in accordance with paragraph 3 above, the Court will determine the question of costs on the papers. Catchwords: CONTRACT – claim for damages for breach of contract – written agreement in Mandarin Chinese prepared by non-lawyer (the Plaintiff) – whether terms of contract constituted loan agreement or shareholder investment agreement – proper construction of contract as a whole considered – claim dismissed Legislation Cited: Civil Procedure Act 2005 Cases Cited: Bofinger v Kingways Group Limited (2009) 239 CLR 269; [2009] HCA 44 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337; [1982] HCA 24 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544; [2017] HCA 12 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Equuscorp Pty Ltd v Glengallen Investments Pty Ltd (2004) 218 CLR 471; [2004] HCA 5 Eureka Operations Pty Ltd v Viva Energy Australia Ltd [2016] VSCA 95 GL Nederland (Asia) Pty Ltd v Expertise Events Pty Ltd [1999] NSWCA 62 In the Matter of Jimmy's Recipe Pty Ltd (No. 2) [2020] NSWSC 632 Leichhardt Municipal Council v Green [2004] NSWCA 341 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited (2015) 256 CLR 104; [2015] HCA 37 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Ruthol Pty Ltd v Mills [2003] NSWCA 56 South Western Sydney Local Health District v Gould (2018) 97 NSWLR 513; [2018] NSWCA 69 Sunbird Plaza Pty Limited v Maloney (1988) 166 CLR 245; [1988] HCA 11 TAL Life Ltd v Shuetrim (2016) 91 NSWLR 439; [2016] NSWCA 68 Zhang v ROC Services (NSW) Pty Ltd (2016) 93 NSWLR 561; [2016] NSWCA 370 Texts Cited: --- Category: Principal judgment Parties: Guangyi Sui (Plaintiff) Zhaoquing Jiang (First Defendant) Australian Fulin Agriculture Pty Limited (Second Defendant) Representation: Counsel: Mr MW Young SC (Plaintiff) Dr E Peden SC; Mr B DeBuse (30 September 2020) (Defendants) Mr B DeBuse (22 October 2020 and 12 November 2020) (Defendants) Dr E Peden SC; Ms MJH Waters (22 February 2021) (Defendants)