NSW Caselaw
New South Wales Court of Appeal
CITATION: Chen v Zhang & Ors [2009] NSWCA 202
HEARING DATE(S): 2 July 2009
JUDGMENT DATE: 24 July 2009
JUDGMENT OF: Campbell JA at 1; Handley AJA at 2; Sackville AJA at 3
1. Leave granted to the appellant pursuant to the Felons (Civil Proceedings) Act 1981 (NSW) s4, to pursue the appeal. DECISION: 2. Appeal dismissed. 3. Appellant to pay the First, Second and Third Respondents' costs of the appeal.
CATCHWORDS: APPEAL – Appeal – Interference with findings of fact – Proof and evidence – Burden of proof – Appellant claimed interest in business – Primary judge disbelieved witnesses for both appellant and respondents – Whether evidence established existence of an agreement creating interest in the business on the balance of probabilities – Whether primary judge erred in not making findings of fact as to existence or nature of agreement
Evidence Act 1995 LEGISLATION CITED: Felons (Civil Proceedings) Act 1981 Financial Transaction Reports Act 1992 Proceeds of Crime Act 2002 (Cth)
Guest v Nominal Defendant [2006] NSWCA 77 CASES CITED: Jol v State of New South Wales (1998) 45 NSWLR 203 Kuligowski v Metrobus [2004] HCA 34; (2004) 220 CLR 363 Rhesa Shipping Co SA v Edmunds [1985] 1 WLR 948; [1985] 2 All ER 712
Peter Chen Shun Xuan Zhang also known as William Zhang Wei Zhang also known as Vincent Zhang PARTIES: Global Goldstar Pty Ltd Luke Hor and Douglas Hor Cam Phoong Tai Christopher Papaioannou
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