Ming Ying v Lida Song [2012] NSWCA 362

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ming Ying v Lida Song [2012] NSWCA 362 Hearing dates: 4 September 2012 Decision date: 12 November 2012 Before: Allsop P at [1] Macfarlan JA at [2] Tobias AJA at [25] Decision: Appeal dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: APPEAL - equity - claim that shares held on constructive trust - challenge to primary judge's credit findings failed - no issue of principle Legislation Cited: Evidence Act 1995 Oaths Act 1900 Cases Cited: Fox v Percy [2003] HCA 22; 214 CLR 118 House v R [1936] HCA 40; 55 CLR 499 Libke v R [2007] HCA 30; 230 CLR 559 Category: Principal judgment Parties: Ming Ying (Appellant) Lida Song (First Respondent) Budget Scaffold Supplies Ltd (Second Respondent) Representation: Counsel: Appellant in person M Lawson/D Eardley (Respondents) Solicitors: William Chan & Co Lawyers (Appellant) Colin Biggers & Paisley (Respondents) File Number(s): CA 2006/257653 Decision under appeal Citation: Ming Ying v Lida Song [2010] NSWSC 1500 Date of Decision: 2010-12-22 00:00:00 Before: Ward J File Number(s): SC 2006/257653