Wan v Ji [2022] NSWDC 269

District Court New South Wales

Medium Neutral Citation: Wan v Ji [2022] NSWDC 269 Hearing dates: 23 and 24 June 2022 Date of orders: 18 July 2022 Decision date: 18 July 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [72] for orders Catchwords: TORTS – action variously framed in the alternative, alleging deceit; misleading and deceptive conduct; and monies had and received – whether provisions of Australian Consumer Law are engaged; CONTRACT – enforceability of alleged guarantee of capital losses in an investment scheme Legislation Cited: Australian Consumer Law Cases Cited: Derry v Peek (1889) 14 App Cos 337; [1889] UKHL 1 In the matter of Caernarvon Canobolas Pty Ltd (In Liq) [2022] NSWSC 382 Lumbers v W Cook Builders Pty Ltd (In Liq) (2008) 232 CLR635, [2008] ChR 27 Pavey & Matthews Pty Ltd v Paul [1987] 162 CLR 221 Williams v Pisano (2015) 90 NSWLR 342; [2015] NSWCA 177 Category: Principal judgment Parties: Chi Jian Wan (Plaintiff) Hong Lan Ji (aka Honglan Ki, Margrete Ji, Marger, Margery Ji) (Defendant) Representation: Counsel: Mr M Langenheim (Plaintiff) Mr K Tang / Mr M Morgan (Pro Bono representation) (Defendant)

Solicitors: Di Lizio & Associates (Plaintiff) LLL The Law Firm (Pro Bono representation) (Defendant) File Number(s): 2020/184306 Publication restriction: None

Judgment

Table of Contents Nature of case [1] – [2] Falconaire scheme [3] – [5] Claim [6] – [9] Defences [10] – [13] Evidence overview [14] The plaintiff [15] – [18] The defendant [19] – [20] The connection between the parties [21] Plaintiff's submissions [22] – [24] Defendant's submissions [25] – [27] Credit findings [28] – [32] Issues [33] – [34] Issue 1 – Agency [35] – [36] Issue 2 – Whether the Australian Consumer Law applies [37] – [43] Issue 3 – Whether misleading and deceptive conduct established [44] – [47] Issue 4 – Claim of money had and received [48] – [56] Issue 5 – Enforceability of the claimed guarantee [57] – [64] Issue 6 – Quantification of damages [65] – [68] Interest [69] Disposition [70] Costs [71] Orders [72]