Wang v Fan [2024] NSWSC 1339

Supreme Court New South Wales

Medium Neutral Citation: Wang v Fan [2024] NSWSC 1339 Hearing dates: 19 September, 12, 13 December 2023 and 21, 22 February, 7, 22, 28 March 2024. Further written submissions received on 12 April and 9 May 2024, submission regarding a joint statement of issues 19 August 2024 Date of orders: 24 October 2024 Decision date: 24 October 2024 Jurisdiction: Common Law Before: Walton J Decision: (1) The plaintiff shall bring in Short Minutes of Order reflecting this judgment within 28 days of this judgment. Those Short Minutes shall incorporate a program for the resolution of any issues remaining as to the form of the Orders to reflect the judgment and interest and costs which are reserved. In the case of interest and costs, the directions may also make provision for the receipt of evidence. (2) In the event that the defendant disputes the form of the Orders filed in accordance with Order (1) then the defendant shall file the alternative form of Orders including directions as to the receipt of submissions as to the form of Orders, interest and costs within 49 days. (3) In the event that the parties settle the terms of Orders and Short Minutes of Order, the Short Minutes of Order shall be filed with a corresponding note to that effect and the Court shall deal with the Orders administratively in Chambers. Catchwords: CONTRACT – construction and interpretation – whether loan agreement – implied terms – whether payment a gift – payments made to and between third parties – whether defendant monies were paid pursuant to plaintiff's directions – cross-claim RESTITUTION – where plaintiff paid defendant in consideration for a promise to marry – defence – cross-claim – unjust enrichment – failure of consideration – claim for money had and received Legislation Cited: Evidence Act 1995 (NSW) Civil Procedure Act 2005 (NSW) Cases Cited: Antov v Bokan [2018] NSWSC 1474 Australian Competition and Consumer Commission v Air New Zealand Ltd (No 1) (2012) 207 FCR 448; 301 ALR 326; [2012] FCA 1355 Australian Mutual Provident Society v Specialist Funding Consultants Pty Ltd (1991) 24 NSWLR 326 Australian Securities & Investments Commission v Rich (2005) 191 FLR 385; [2005] NSWSC 417 AWA Ltd v Exicom Australia Pty Ltd (1990) 19 NSWLR 705 Carpenter & Anor v Morris & Anor [2023] NSWCA 154 CBRE (V) Pty Ltd v City Pacific Ltd (in liq) [2022] NSWCA 54 David Securities Pty Ltd v Commonwealth Bank (1992) 175 CLR 353 Dewar v Dewar [1975] 2 All ER 728 Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498; [2012] HCA 7 Falcke v Scottish Imperial Insurance Company (1886) 34 Ch D 234 Federal Commission of Taxation v Cassaniti (2018) 266 FCR 385; [2018] FCAFC 212 Gregg v R [2020] NSWCCA 245 Israel v Foreshore Properties Pty Ltd (in liq) (1980) 30 ALR 63 Jones Lang LaSalle (NSW) Pty Ltd v Taouk [2012] NSWCA 342 Lampson (Australia) Pty Ltd v Fortescue Metals Group Ltd (No 3) [2014] WASC 162 Lederberger v Mediterranean Olives Financial Pty Ltd (2012) 38 VR 509 Liu v Lam [2024] NSWSC 1306 Lumbers v W Cook Builders Pty Ltd (in liq) [2008] HCA 27; (2008) 232 CLR 635 National Australia Bank Ltd v Rusu (1999) 47 NSWLR 309; [1999] NSWSC 539 NZI Capital Corporation Pty Ltd v Child (1991) 23 NSWLR 481 Pavlis v Pavlis [2021] NSWSC 1117 Pethybridge v Stedikas Holdings Pty Ltd [2007] NSWCA 154 Progressive Pod Properties Pty Ltd v A & M Green Investments Pty Ltd [2012] NSWCA 225 R v New Queensland Copper Co Ltd (1917) 23 CLR 495 Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516 Saloman v Saloman & Co Ltd [1897] AC 22 Young v Queensland Trustees Ltd (1956) 99 CLR 560 Texts Cited: I Ramsay and R Austin, Ford Austin & Ramsay's Principles of Corporations Law (17th ed, 2017 LexisNexis) K Mason, J Carter and G Tolhurst Mason & Carter's Restitution Law in Australia (4th ed, 2021, LexisNexis) S Odgers, Uniform Evidence Law (19th ed, 2024, Thomson Reuters) W Covell, K Lupton and L Parsons, Principles of Remedies (8th ed, 2022, LexisNexis) Category: Principal judgment Parties: Jingsi Wang (Plaintiff) Haiyang Fan (Defendant) Representation: Counsel: P Russell (Plaintiff) P Newton SC and T Buterin (Defendant) Solicitors: Maxim Legal Pty Ltd (Plaintiff) Grandwin Legal (Defendant) File Number(s): 2023/00062954 Publication restriction: Nil