Shun Sheng Pty Ltd v Lei (No 2) [2024] NSWCA 105

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shun Sheng Pty Ltd v Lei (No 2) [2024] NSWCA 105 Hearing dates: 29 April 2024 Decision date: 09 May 2024 Before: Leeming JA at [1]; Payne JA at [83]; Griffiths AJA at [84] Decision: 1. Grant leave to appeal. 2. Direct the appellants to file a notice of appeal in the form of the draft notice of appeal within 7 days of today, and otherwise dispense with the rules concerning service. 3. Appeal dismissed. 4. Appellants to pay the respondents' costs. Catchwords: APPEAL – appeal as of right or by leave – where primary judge made findings as to termination of partnership but left many issues unresolved – appeal interlocutory and required leave PARTNERSHIP – primary judge rejected plaintiffs' claim that partnership terminated on 30 June 2019 – primary judge disbelieved all witnesses – whether challenges to factual findings made out Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Cases Cited: A [a pseudonym] v E Co [a pseudonym] [2018] NSWCA 188 Cassaniti v Katavic (No 2) [2023] NSWCA 107 Computer Edge Pty Ltd v Apple Computer Inc [1984] HCA 47; 54 ALR 767 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Lee v Lee (2019) 266 CLR 129; [2019] HCA 28 Shun Sheng Pty Ltd v Lei [2023] NSWSC 1176 Watson v Foxman (1995) 49 NSWLR 315 Wendy Wei v Holroyd City Council [2007] NSWLEC 163 Category: Principal judgment Parties: Shun Sheng Pty Ltd (First Applicant) Sunshine Island (Aust) Pty Ltd (Second Applicant) Xue Feng Wei (Third Applicant) Jun Lei (First Respondent) Theo Kitsos (Second Respondent) Representation: Counsel: D McGovern SC and D Allen (Applicants) M White SC and B Adam (Respondents)