Hu v Ho [2009] NSWDC 310

New South Wales District Court

CITATION: Hu v Ho [2009] NSWDC 310

HEARING DATE(S): 17-18 November 2009 EX TEMPORE JUDGMENT DATE : 20 November 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

(1) As against the first defendant, there will be verdict and judgment for the plaintiff in the sum of $928,327.62, comprising the principal sums guaranteed of $300,000 and $400,000 respectively and interest, making allowance for $20,000 in interest already paid, in the sum of $228,327.62. (2) Verdict and judgment for the plaintiff against the third defendant in the sum of $419,176.62, comprising money had in the sum of $300,000 and interest in the sum of $119,176.62. DECISION: (3) Miss Ho is to pay the plaintiff's costs of the proceedings against her on an ordinary basis. (4) The third defendant, Alphena, is to pay the plaintiff's costs of the proceedings against it on an indemnity basis. This order is made having regard to the manner in which the third defendant conducted the proceedings by putting forward a knowingly false position and by the resistance shown to the production of documentation. (5) The exhibits will be retained for twenty-eight days with liberty to apply in the event that a further stay is required.

CATCHWORDS: Loan Transactions - Identity of borrower - Credit - Concoction by third defendant's witnesses to aviod liability - Indeminity Costs

LEGISLATION CITED: Civil Procedure Act 2005 District Court Act 1973

Helena Hu (AKAS) Huiying Hu (Plaintiff) PARTIES: Kathy Ho (First Defendant) Sun Sun Chua (Second Defendant) Alphena Pty Limited (Third Defendant)