NSW Caselaw
New South Wales Court of Appeal
CITATION: Chong v Wu [2010] NSWCA 10 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 9 February 2010
JUDGMENT DATE: 2 March 2010
JUDGMENT OF: Macfarlan JA at 1; Young JA at 24; Handley AJA at 36
DECISION: The appeal is dismissed with costs.
CATCHWORDS: RESTITUTION - moneys had and received - innocent, third party recipient of funds - defence of change of position - Lipkin Gorman (a firm) v Karpnale Ltd - funds lost in gambling or returned to initial recipient from plaintiff
CATEGORY: Principal judgment
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 CASES CITED: Heperu Pty Ltd v Belle [2009] NSWCA 252; (2009) 258 ALR 727 Lipkin Gorman (a firm) v Karpnale Ltd [1991] 2 AC 548 State Bank of New South Wales v Swiss Bank Corporation (1995) 39 NSWLR 350
PARTIES: Qingyi Chong (Appellant) Hong Wei Wu (Respondent)
FILE NUMBER(S): CA 40198/09
COUNSEL: M R Aldridge SC/R W Tregenza (Appellant) T J Morahan (Respondent)
SOLICITORS: Austin Haworth & Lexon Legal (Appellant) Zhang Shijing Lawyers (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 2509/07
LOWER COURT JUDICIAL OFFICER: Brereton J
LOWER COURT DATE OF DECISION: 25 May 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Chong v Channell [2009] NSWSC 765
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 298311/09 SC 2509/07
MACFARLAN JA YOUNG JA HANDLEY AJA
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