Shumin Li v Han Li [2022] NSWDC 70

District Court New South Wales

Medium Neutral Citation: Shumin Li v Han Li [2022] NSWDC 70 Hearing dates: 2, 3 March 2022 Date of orders: 21 March 2022 Decision date: 21 March 2022 Jurisdiction: Civil Before: Weber SC DCJ Decision: In proceedings number 2021/202510 (1) That the proceedings be dismissed. In proceedings number 2022/61979 (1) That there be judgment and verdict for the plaintiff against the defendant in the sum of $315,005.26. (2) That there be interest thereon from 21 November 2019 at the rates pertaining from time to time pursuant to section 100 of the Civil Procedure Act 2005 (NSW). (3) That any party wishing to be heard on the issue of costs notify my associate of that fact on or before noon on 4pm on 25 March 2022 ("Notification") (4) That in the event of Notification, the notifying party shall file and serve any evidence and submissions on the issue of costs on or before 4:00pm on 1 April 2022. (5) That the non-notifying party file and serve any evidence and submissions which it wishes to make on the issue of costs on or before 4:00pm on 8 April 2022. (6) That the notifying party file and serve any submissions in reply on or before 4:00pm 14 April 2022 (7) That the filing of the documents referred to in orders (4), (5), and (6) be effected by way of email transmission to my associate. (8) That any issue as to costs be decided on the papers. (9) That in the absence of Notification, the Court will order that the defendant pay the plaintiff's costs. Catchwords: CIVIL PROCEDURE – Discontinuance of proceedings – Leave of court – Commencement of fresh proceedings for same relief - initial proceedings discontinued, and new proceedings commenced by consent LIMITATION OF ACTIONS – Debt – whether a notice of demand was necessary to commence the limitation period LIMITATION OF ACTIONS – Debt – confirmation – where confirmation of a cause of action is constituted by payment of interest CONTRACTS – Implied terms – Terms implied in fact – whether interest was repayable on the loans Legislation Cited: Limitation Act 1969 Civil Procedure Act 2005 (NSW). Cases Cited: Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Chidiac v Maatouk [2010] NSWSC 386 Estate of Tornya (Deceased) [2020] NSWSC 1230 Fischer v Nemeske Pty Ltd [2014] NSWSC 203 Hawkins v Clayton (1988) 164 CLR 539 Young v Queensland Trustee Ltd (1956) 99 CLR 560 Hawkins v Clayton (1988) 164 CLR 539 Category: Principal judgment Parties: Shumin Li (Plaintiff) Han Li (Defendant) Representation: Counsel: Mr D Price (Plaintiff) Mr L Ellison SC (Defendant)