He v Kure [2023] NSWCA 179

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: He v Kure [2023] NSWCA 179 Hearing dates: 03 May 2023 Date of orders: 04 August 2023 Decision date: 04 August 2023 Before: Meagher JA at [1]; Kirk JA at [94]; Griffiths AJA at [95] Decision: (1) Appeal allowed. (2) Set aside orders 3, 4, and 5 of the primary judge made on 7 October 2022. (3) In lieu thereof, order that the respondent's Further Amended Statement of Claim be dismissed with costs. (4) Respondent pay the appellant's costs of the appeal. Catchwords: CONTRACTS – Action for recovery of debts due under loan agreements – whether loans repaid in circumstances where debtor authorised to open and operate term deposits in creditor's name and term deposits in creditor's name opened by debtor in the amount of debt LIMITATIONS OF ACTIONS – Debt – whether loans repayable when demanded and on two months' notice Legislation Cited: Corporations Act 2001 (Cth), s 601AH Limitation Act 1969 (NSW), s 14 Cases Cited: In the matter of Italasia Pty Ltd [2017] NSWSC 811 Lee v Lee (2019) 266 CLR 129; [2019] HCA 28 Queensland v Masson [2020] HCA 28; (2020) 318 ALR 560 Category: Principal judgment Parties: Xin Mei He (Appellant) Hiromichi Kure (Respondent) Representation: Counsel: NJ Kidd SC (Appellant) M Young SC (Respondent)

Solicitors: Lawside Lawyers (Appellant) Dixon Holmes Lawyers (Respondent) File Number(s): 2022/326111 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2022] NSWSC 1240 Date of Decision: 15 September 2022 Before: Lindsay J File Number(s): 2017/83339