Wang v Yu (No 3) [2024] NSWSC 190

Supreme Court New South Wales

Medium Neutral Citation: Wang v Yu (No 3) [2024] NSWSC 190 Hearing dates: 29 February 2024 Date of orders: 29 February 2024 Decision date: 29 February 2024 Jurisdiction: Equity Before: Meek J Decision: Order varied to incorporate a claim for pre-judgment interest on amounts paid under duress. Catchwords: JUDGMENTS AND ORDERS — Slip Rule – Legal practitioners for cross-claimant by oversight failed, both at the time of proposing short minutes of order to give effect to reasons for judgment and on hearing when substantive orders made, to seek orders for pre-judgment interest on amount of judgment sum — Slip rule (Uniform Civil Procedure Rules 2005, r 36.17) applies to various instances of legal practitioner clerical error — Orders made for inclusion of interest REMEDIES — Duress to the person — Payments as the result of improper pressure including economic duress arising from assault are generally recoverable with interest from date of payment Legislation Cited: Civil Procedure Act 2005 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Batchelor v Burke (1981) 148 CLR 448; [1981] HCA 30 Collector of Customs v Gaylor Pty Ltd (1995) 35 NSWLR 649; 127 ALR 641 Dahlia Mining Co Ltd v Collector of Customs (1989) 17 NSWLR 688 Elyard Corporation Pty Ltd v DDB Needham Sydney Pty Ltd (1995) 61 FCR 385 Falkner v Bourke (1990) 19 NSWLR 574 Fritz v Hobson (1880) 14 Ch D 542 L Shaddock & Associates Pty Ltd v Parramatta City Council (No 2) (1982) 151 CLR 590; [1982] HCA 59 Maskell v Horner [1915] 3 KB 106 Nixon v Furphy (1926) 26 SR (NSW) 409 Roads and Traffic Authority of NSW v Palmer (No 2) [2005] NSWCA 140 Ruby v Marsh (1975) 132 CLR 642; [1975] HCA 32 Wang v Yu [2023] NSWSC 1182 Wang v Yu (No 2) [2024] NSWSC 4 Texts Cited: Halsbury's Laws of Australia Mason, K, JW Carter and GJ Tolhurst, Mason & Carter's Restitution Law in Australia (4th ed, 2021, LexisNexis) Category: Principal judgment Parties: Lu Wang (Plaintiff / First Cross-Defendant) Jiayi Yu (First Defendant / Cross-Claimant) STYU Pty Ltd atf SY Family Trust (Second Defendant) Auslon Property Group Pty Ltd atf 567 Pacific Unit Trust (Third Defendant) Song Yang (Second Cross-Defendant) Representation: Counsel: P Lonergan (Cross-Claimant)