Sui v Jiang [2024] NSWSC 1013

Supreme Court New South Wales

Medium Neutral Citation: Sui v Jiang [2024] NSWSC 1013 Hearing dates: 7 & 8 August 2024 Decision date: 14 August 2024 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Plaintiff did not exercise option; plaintiff's claim for payment of interest established; Anshun estoppel not established Catchwords: CONTRACTS – construction – share purchase agreement – where agreement drawn by two businessmen without legal assistance and originally in Mandarin – whether plaintiff exercised option to "choose to leave the company" within the period of election ESTOPPEL – Anshun estoppel – where in earlier proceedings this Court at first instance and on appeal preferred the defendant's construction of the agreement – where plaintiff now brings further claim for payment of interest that fell due after the plaintiff purported to terminate the agreement – whether plaintiff's claim should reasonably have been brought in earlier proceedings Cases Cited: Ballas v Theophilos (No 2) (1957) 98 CLR 193; [1957] HCA 90 Conference & Exhibition Organisers Pty Ltd v Johnson [2016] NSWCA 118 Donnelly v Kempsey Local Aboriginal Land Council [2020] NSWSC 1548 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589; [1981] HCA 45 Quadling v Robinson (1976) 137 CLR 192; [1976] HCA 31 Sargent v ASL Developments Ltd (1974) 131 CLR 634; [1974] HCA 40 Sui v Jiang [2021] NSWCA 285 Sui v Jiang [2021] NSWSC 435 Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28 Category: Principal judgment Parties: Guangyi Sui (Plaintiff) Zhaoqing Jiang (Defendant) Representation: Counsel: M W Young SC (Plaintiff) S A Lawrance SC / D F Elliott (Defendant)