Guoqing Xu v Leo Shi Ran Fang [2022] NSWDC 161

District Court New South Wales

Medium Neutral Citation: Guoqing Xu v Leo Shi Ran Fang [2022] NSWDC 161 Hearing dates: 6, 7 April, 5 May 2022 Date of orders: 18 May 2022 Decision date: 18 May 2022 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) that there be judgment and verdict for the defendant against the plaintiff; and (2) that the plaintiff pay the defendant's costs. Catchwords: CONTRACT – Breach of contract – Loan agreement – Determining parties to the contract – whether the defendant entered the agreement in his personal capacity or as a representative of his company Legislation Cited: Corporations Act 2001 (Cth) Cases Cited: Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Harold R Finger & Co v Karellas Investments Pty Ltd [2015] NSWSC 354 Hughes v National Trustee and Executors and Agency Company of Australia Limited (1979) 143 CLR 134 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Rinehart v Hancock Prospecting Pty Ltd [2019] HCA 13 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Westpac Banking Corporation v Bell Group Ltd (in liq) (No 3) [2012] WASCA 157 Category: Principal judgment Parties: Mr Guoqing Li (Plaintiff) Mr Shi Ran Fang (Defendant) Representation: Counsel: Mr N Seow (Plaintiffi) Mr C O'Neill (Defendant)