NSW Caselaw
New South Wales Court of Appeal
CITATION: Zhao v Goodman & Anor [2010] NSWCA 2
HEARING DATE(S): 19 November 2009
JUDGMENT DATE: 5 February 2010
JUDGMENT OF: Tobias JA at 1; Macfarlan JA at 152; McClellan CJ at CL at 153
DECISION: Appeal dismissed with costs
CATCHWORDS: CONTRACTS – Building contract – Identification of contract between parties – Claim for rectification of defects and completion of works – Cross-claim for unpaid works – Where findings of primary judge based upon credit of parties – Requirement of appellant to overcome principle in Fox v Percy
LEGISLATION CITED: Evidence Act 1995 Home Building Act 1989
CATEGORY: Principal judgment
Cullen v Trappell [1980] HCA 10; (1980) 46 CLR 1 CASES CITED: Dowling v Rae [1927] HCA 5; (1927) 39 CLR 363 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Sindel v Georgiou [1984] HCA 58; (1984) 154 CLR 661
Yan Shuo Zhao PARTIES: Marla Shoshana Goodman Brian Goodman
FILE NUMBER(S): CA 40012/09
COUNSEL: A: In person R: M Dolenec (Ms)
SOLICITORS: A: In Person R: Mills Oakley Lawyers, Sydney South
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 976/06
LOWER COURT JUDICIAL OFFICER: Johnstone DCJ
LOWER COURT DATE OF DECISION: 1 October 2008
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40012/09 DC 976/06
TOBIAS JA MACFARLAN JA McCLELLAN CJ at CL
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