Wang v Zong [2021] NSWDC 181

District Court New South Wales

Medium Neutral Citation: Wang v Zong [2021] NSWDC 181 Hearing dates: 5, 6, 7 May 2021 Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the first defendant for $233,185.27. (2) Order the first defendant to pay the costs of the plaintiff. (3) Judgment for the second defendant against the plaintiff. (4) Order the second defendant to pay its own costs. Catchwords: CONSUMER LAW — misleading or deceptive conduct – whether conduct is "in trade or commerce" CONSUMER LAW — whether representations inducing the plaintiff's decision to invest in boating business venture were misleading or deceptive within the meaning of s 18 of the Australian Consumer Law – whether or not the plaintiff suffered loss in reliance upon the representations CONTRACT LAW — whether there was a breach of an investment agreement – whether there was a breach of a loan agreement DAMAGES — assessment of damages – comparison between the position which the person who suffered loss or damage is in and the position they would have been in had there been no contravention Legislation Cited: Australian Consumer Law (Cth), ss 4,18, 236 Uniform Civil Procedure Rules 2005 (NSW), Part 20, Division 3 Cases Cited: Butcher v Lachlan Elder Realty Pty Ltd [2004] HCA 60; (2004 28 CLR 592 Concrete Constructions (NSW) Pty Ltd v Nelson [1990] HCA 17; (1990) 169 CLR 594 Gates v City Mutual Life Assurance Society Ltd 1986 [HCA] 3; (1986) 160 CLR 1 Henville v Walker [2001] HCA 52; (2001) 206 CLR 459 Johnson v Perez 1988 [HCA] 64; (1988) 166 CLR 351 March v Stramare E & MH Pty Ltd [1991] HCA 12; (1991) 171 CLR 506 Marks v GIO Australia Holdings Ltd [1998] HCA 69; (1998) 196 CLR 494 Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd [1982] HCA 44; (1982) 149 CLR 191 Williams v Pisano [2015] NSWCA 177 Category: Principal judgment Parties: Zhengshun Wang (Plaintiff) Jason Zong (First Defendant) Australian Yacht Club Pty Ltd (Second Defendant) Representation: Counsel: N Furlan (Plaintiff) M W Young SC (Defendants)