Un v Lee [2023] NSWSC 586

Supreme Court New South Wales

Medium Neutral Citation: Un v Lee [2023] NSWSC 586 Hearing dates: 16-18 May 2023 Date of orders: 1 June 2023 Decision date: 01 June 2023 Jurisdiction: Equity Before: Darke J Decision: Order made that money held in Court be paid out to the defendants. Catchwords: CONTRACTS – unconscionable conduct – special disability or disadvantage – unjust contracts – Contracts Review Act 1980 (NSW) ("the Act") – where real property was transferred to defendants by the plaintiff without monetary consideration – where plaintiff seeks to have the transfer to the defendants declared void or set aside on various grounds – whether transfer is an unconscionable dealing – whether transfer should be held to be an unjust contract within the meaning of the Act – whether defendants committed a breach of trust by failing to establish a family trust – whether transfer should be declared void on the ground of non est factum – whether the transfer was procured by fraud – held that the plaintiff was not under any special disability which was taken advantage of at the time of the transfer – held further that the transfer was not unjust in the circumstances relating to it at the time it was effected – held further that the plaintiff did not raise the topic of establishing a family trust with the defendants and no agreement to establish a family trust was reached between the parties – held that the plaintiff was well aware of the nature of the transfer to the defendants – allegations that transfer was procured by fraud rejected – held that defendants as registered proprietors of the property were entitled to sell the property and are entitled to the proceeds of sale Legislation Cited: Contracts Review Act 1980 (NSW), ss 7(1), 9(1), 9(2) Cases Cited: Blomley v Ryan (1956) 99 CLR 362 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Category: Principal judgment Parties: Chi Keong Un (Plaintiff/Cross-Defendant) Kitty Jie Lee (First Defendant/First Cross-Claimant) Sumino Kan (Second Defendant/Second Cross-Claimant) Representation: Counsel: Ms M Tibbey (Plaintiff/Cross-Defendant) Mr D Neggo (Defendants/Cross-Claimants)