Well Nigh Funding No 1 Pty Ltd v Tang [2023] NSWDC 564

District Court New South Wales

Medium Neutral Citation: Well Nigh Funding No 1 Pty Ltd v Tang [2023] NSWDC 564 Hearing dates: 13 December 2023 Decision date: 15 December 2023 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: 1. Order the defendant pay the plaintiff the sum of $135,350.13 together with interest at the rates prescribed from time to time under the Civil Procedure Act 2005 (NSW) from 17 August 2022 until 15 December 2023 as agreed between the parties as $12,272.34. 2. Judgment for the plaintiff in the sum of $147,622.47. 3. Order the defendant pay the plaintiff's costs of the proceedings. Catchwords: Contract – Proof of signature – Allegation of fraud – Onus of proof – Issue estoppel – Effect of consent order in Supreme Court proceedings concerning a caveat – Acceptance of terms of Contract by conduct – Adoption – Conventional estoppel – Australian Credit Licence: consequences of lender not holding a licence does not prevent recovery of debt due Legislation Cited: Civil Procedure Act 2005, s 100 Evidence Act 1995 (NSW), s 140(2) National Consumer Credit Protection Regulations 2010 (Cth) Regulation 23B Real Property Act 1900, s 74J Cases Cited: Butt "Removing Caveats" (1994) 68 ALJ 524 Damjanovic v York Agencies Pty Ltd [2003] NSWCA 222 Eastwood and Holt v Studer (1926) 31 Com Cas. 251 Ekes v Commonwealth Bank of Australia [2014] NSWCA 336 Gray v Gray [2004] NSWCA 408 Land Enviro Corp Pty Ltd v HTT Huntley Heritage Pty Ltd [2014] NSWCA 34 National Companies and Securities Commissioner re Register of Titles (1990) 2 ACSR 493 New South Wales Trustee and Guardian v Philpott [2017] NSWSC 472 Re Application of Sutherland & Arnautovic [2014] NSWSC 821 Vella v Aliperti (1995) NSW Conv R – 55-750 Category: Principal judgment Parties: Well Night Capital Funding No 1 Pty Ltd (plaintiff) Xiwei (also known as Stephanie Tang) Tang (defendant) Representation: Counsel: M A Collins (plaintiff) Defendant self-represented