Sino Synergy Investment Company Limited v Maygood Australia Pty Limited; Limei Wang Lee v Yehan Koo; Yi-Fawn Lee v Yehan Koo [2012] NSWSC 92

Supreme Court New South Wales

Medium Neutral Citation: Sino Synergy Investment Company Limited v Maygood Australia Pty Limited; Limei Wang Lee v Yehan Koo; Yi-Fawn Lee v Yehan Koo [2012] NSWSC 92 Hearing dates: 21, 22, 23, 25, 28 February 2011, 1 & 2 March 2011. Decision date: 20 February 2012 Jurisdiction: Equity Division Before: Slattery J Decision: Amount of $1,000,000 advanced to the defendant, Maygood Australia, is a loan. $300,000 advanced to Maygood Australia and other defendants is not a loan. Directions made for submissions on issues of costs. Catchwords: CONTRACT - advance of $1.3 million in two amounts of $1,000,000 (in December 2006) and $300,000 (in July 2007) - whether gift or loan - TRADE PRACTICES - whether misleading or deceptive conduct at the time of alleged loan transactions - CROSS-CLAIMS - whether miscellaneous sums claimed by the defendant/cross-claimant were applied for the benefit of the plaintiff/cross-defendant or otherwise. Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), s 56A Fair Trading Act 1987 (NSW), s 42 Family Law Act, 1975 (Cth), s 31 Trade Practices Act 1974 (Cth), s 52 Cases Cited: Masters v Cameron (1954) 91 CLR 353 Category: Principal judgment Parties: Plaintiffs- Sino Synergy Investment Company Limited, Limei Wang Lee, Yi-Fawn Lee Defendants- Maygood Australia Pty Limited, Yehan Koo Representation: Plaintiffs-A. Spencer Defendants-M.Aldridge SC, F.Sinclair Plaintiffs-H.McNair, Holding Redich Defendants-K.Steele, DC Balog & Associates File Number(s): (2009/287922); (2010/64562); (2010/64176) Publication restriction: No