Uy v Ng (No 2) [2021] NSWSC 605

Supreme Court New South Wales

Medium Neutral Citation: Uy v Ng (No 2) [2021] NSWSC 605 Hearing dates: 26 – 28 April 2021; last submissions 5 May 2021. Date of orders: 31 May 2021 Decision date: 31 May 2021 Jurisdiction: Equity - Commercial List Before: Rees J Decision: Proceedings dismissed with costs Catchwords: CONTRACT – construction loan of $27.5M – suggested oral agreement to pay $500,000 commission – agreement not established – loan in default – guarantor agrees to pay $1m – agreement between guarantor and plaintiff to fund the $1m – only $800,000 paid – plaintiff says oral agreement that $800,000 would be held on trust – no such agreement – claims fail – no question of principle. Legislation Cited: Evidence Act 1995 (NSW) s 140 Cases Cited: Barnes v Addy (1874) LR 9 Ch App 244 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89; [2007] HCA 22 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Simmons v New South Wales Trustee and Guardian [2014] NSWCA 405; (2014) 17 BPR 33,717 Xinfeng Australia International Investment Pty Ltd v GR Group Pty Ltd [2019] NSWSC 1547 Texts Cited: Jacobs' Law of Trusts in Australia (8th ed, 2016, LexisNexis) Category: Principal judgment Parties: Ching Wah (Phillip) Uy (Plaintiff) Lib Heng (Kenny) Ng (First Defendant) Everest Private Pty Ltd (Second Defendant) Representation: Counsel: Mr R Parsons (Plaintiff) Mr JJ Hutton (Defendants)