Deng v Lieu & Ors [2009] NSWIRComm 5

Industrial Court of New South Wales

CITATION: Deng v Lieu & Ors [2009] NSWIRComm 5

APPELLANT: Margaret Jia Sha Deng

FIRST RESPONDENT: Paul Lieu PARTIES: SECOND RESPONDENT: Landmark Enterprises (Aust) Pty Ltd

THIRD RESPONDENT: Dengs Investments Pty Ltd

FILE NUMBER(S): IRC 535 of 2007

CORAM: Boland J President; Walton J Vice-President; Backman J

APPEAL - Leave to appeal - Unfair contract - Sale of Business Agreement - Shareholders' Agreement - Contract found to be unfair at first instance - Whether trial judge erred in finding that there was any relevant unfairness in any arrangement between the parties - Whether trial judge failed to pay any or any sufficient regard to the rights and obligations of the companies, parties to the proceedings, in respect of any monies which ought properly have been available to them - Whether trial judge erred in failing, after finding that it was appropriate to depart from the presumption that the successful party was entitled to all of its costs, to order that the respondents should pay 50% of the applicants' costs as agreed or assessed - Held there were errors of fact and law - Leave to appeal granted - Appeal upheld CATCHWORDS: UNFAIR CONTRACT - Appeal - Leave to appeal - Sale of Business Agreement - Shareholders' Agreement - Contract found to be unfair at first instance - Whether trial judge erred in finding that there was any relevant unfairness in any arrangement between the parties - Whether trial judge failed to pay any or any sufficient regard to the rights and obligations of the companies, parties to the proceedings, in respect of any monies which ought properly have been available to them - Whether trial judge erred in failing, after finding that it was appropriate to depart from the presumption that the successful party was entitled to all of its costs, to order that the respondents should pay 50% of the applicants' costs as agreed or assessed - Held there were errors of fact and law - Leave to appeal granted - Appeal upheld