Wang v Liu; Liu v Wang [2021] NSWSC 1193

Supreme Court New South Wales

Medium Neutral Citation: Wang v Liu; Liu v Wang [2021] NSWSC 1193 Hearing dates: 23-25 and 27 August 2021, further written submissions 31 August and 1 September 2021 Date of orders: 20 September 2021 Decision date: 20 September 2021 Jurisdiction: Equity - Technology and Construction List Before: Stevenson J Decision: Plaintiff entitled to judgment against the defendant. Cross-claim to be dismissed Catchwords: CONTRACT – proper construction – whether document executed by the parties in the Chinese language constituted a binding promise by the defendant to repay the plaintiff as a debt money that plaintiff paid the defendant to invest in a company that the defendant stated would develop property in Sydney – whether the document did not come into effect as an agreement because not all persons alleged to be parties to it executed the document – whether any contract evidenced by the document was void for uncertainty – where plaintiff paid large sums to the defendant for the purpose of investment in the company – where defendant had in turn paid large sums to the plaintiff in purported repayment of the funds advanced RESTITUTION – where defendant contended he executed the document under the mistaken belief that it was enforceable – where defendant sought to recover the payments he made to the plaintiff on that basis Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Brambles Holdings Limited v Bathurst City Council (2001) 53 NSWLR 153; [2001] NSWCA 61 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2015] HCA 37 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Texts Cited: J D Heydon, Heydon on Contract (2019, Thomson Reuters) M Davies, A S Bell, P L G Brereton and M Douglas, Nygh's Conflict of Laws in Australia (10th ed, 2020, Lexis Nexis Butterworths) Category: Principal judgment Parties: Ruifa Wang (Plaintiff/Cross-Defendant) Wensheng Liu (Defendant/Cross-Claimant) Representation: Counsel: D Cook SC with J D Little (Plaintiff/Cross-Defendant) H K Insall SC (Defendant/Cross-Claimant) Solicitors: Lin Tang & Co Lawyers (Plaintiff/Cross-Defendant) Hugh & Associates Lawyers (Defendant/Cross-Claimant) File Number(s): 2018/375643