NSW Caselaw
New South Wales Supreme Court
CITATION : XU v SHI & Anor [2009] NSWSC 955 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 24-28/08 and 7/09/2009
JUDGMENT DATE : 7 September 2009
JURISDICTION : Equity Division
JUDGMENT OF : Bryson AJ
EX TEMPORE JUDGMENT DATE : 7 September 2009
(1) I make declaration as in claim 3 in the Statement of Claim. DECISION : (2) I make order 5 in the Statement of Claim. (3) I am prepared to make order 8 subject to arrangement between the parties. (4) I give judgment for the plaintiff against the first defendant for $250,000.
CATCHWORDS : CONTRACT - formation - whether document purportedly an agreement for loan, made between related persons, typed out and signed by the defendant, was intended by the parties to be binding according to its terms: on review of evidence of facts and circumstances, found that it was so intended. Judgment for plaintiff for recovery of loan: consideration of winding up 50/50 company on just and equitable ground. Decision on own facts.
CATEGORY : Principal judgment
Air Great Lakes Pty Limited v K S Easter (Holdings) [1985] 2 NSWLR 309 CASES CITED : Gray v Gray [2004] NSWCA 408 Jones v Padavatton [1969] 2 All ER 616
Daihong Xu - Plaintiff PARTIES : Ziqiang Shi - First defendant Pacific Allied Corporation Pty Limited - Second defendant
FILE NUMBER(S) : SC 5969/2007
COUNSEL : P Bolster - Plaintiff A S Bowen - First Defendant
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