Liu v Ye [2024] NSWSC 1485

Supreme Court New South Wales

Medium Neutral Citation: Liu v Ye [2024] NSWSC 1485 Hearing dates: 21 November 2024 Date of orders: 27 November 2024 Decision date: 27 November 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Grant leave to the plaintiff to appeal pursuant to s 40 of the Local Court Act 2007 (NSW). 2. Dismiss the summons. 3. The plaintiff is to pay the defendant's costs. Catchwords: APPEALS – appeal from Local Court to Supreme Court – claim in detinue for the failure of the defendant to return an emerald – plaintiff entrusted defendant to sell an emerald in China in 2014 – defendant failed to sell the emerald – plaintiff demanded return of emerald from 2015 – whether the plaintiff's demands were unequivocal – no requirement for demands to identify a particular time or place – where plaintiff could only attend on the defendant to require the return of the emerald – held that demands were clear, specific, unequivocal and unconditional LIMITATION OF ACTIONS – detinue – where demands made in 2015 and 2016 – proceedings commenced in 2023 – whether defendant's actions amounted to a refusal – where a refusal can be demonstrated by the passing of a reasonable period of time without response – evidence indicated defendant went to China but did not return with the emerald – where more than a reasonable time had elapsed – defendant's inaction a clear refusal of demand – where time commenced to run from refusal – claim statute-barred Legislation Cited: Customs Act 1901 (Cth) s 225 Limitation Act 1969 (NSW) ss 14,21, 63, 65 Local Court Act 2007 (NSW) ss 39, 40 Cases Cited: CHEP Australia Ltd v Bunnings Group Ltd [2010] NSWSC 301 Clayton v Le Roy [1911] 2 KB 1031 Crowther v Australian Guarantee Corporation Ltd [1985] Aust Tort Reports 80-709 Fitzgerald v Kellion Estates Pty Ltd (1977) 2 BPR 9181 Flowfill Packaging Machines Pty Ltd v Fytore Pty Ltd (1993) Aust Torts Reports 81-244 Grant v YYH Holdings Pty Ltd [2012] NSWCA 360 John F Goulding Pty Ltd v Victorian Railways Commissioner (1932) 48 CLR 157; [1932] HCA 37 JWR Productions Australia Pty Ltd v Duncan-Watt (No 2) [2020] FCA 236; (2020) 377 ALR 467 Helga Henriette Schwarzschild v Harrods Ltd [2008] EWHC 521 Lloyd v Osborne (1899) 20 LR (NSW) 190 Ming Kuei Property Investments Pty Ltd v Hampson [1995] 2 Qd R 251 R v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) Slaveski v State of Victoria and Others [2010] VSC 441 Zarfati v McMillan [2021] NSWSC 944 Texts Cited: Nil Category: Principal judgment Parties: Coco Yin Liu (Plaintiff) Thomas Feng Ye (Defendant) Representation: Counsel: A Britt (Plaintiff) A J Macauley (Defendant)