Kang v Yoo [2015] NSWSC 685

Supreme Court New South Wales

Medium Neutral Citation: Kang v Yoo [2015] NSWSC 685 Hearing dates: 11 December 2014 Date of orders: 05 June 2015 Decision date: 05 June 2015 Jurisdiction: Common Law Before: Wilson J Decision: 1) Ground 1d is dismissed. 2) Leave to appeal on the remaining grounds is refused. 3) Costs of the plaintiff's appeal on an ordinary basis as agreed or assessed are to be paid by the plaintiff (Kang) to the defendant (Yoo). 4) Yoo bears his own costs with respect to the cross-appeal in this Court. Catchwords: APPEAL FROM LOCAL COURT – civil – contract dispute – error of law – leave required to appeal questions of mixed law and fact - inadequate reasons – cross-appeal Legislation Cited: Civil Procedure Act 2005 Local Court Act 2007 Cases Cited: Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Swain v Waverley Municipal Council [2004] HCA 4; (2004) 220 CLR 517 Wiki v Atlantis Relocations (NSW) Pty Ltd [2004] NSWCA 174; (2004) 60 NSWLR 127 Category: Principal judgment Parties: Pyung Keun Kang (Plaintiff) Sung Woo Yoo (Defendant) Representation: Counsel: T Bland (Plaintiff) A Chee (Defendant) File Number(s): 2014/158798

Judgment 1. The plaintiff in these proceedings, Pyung Keun Kang, appeals against a decision of the Local Court of NSW handed down by Magistrate Favretto on 30 April 2014. 2. In the Local Court, the defendant in this matter, Sung Woo Yoo, commenced proceedings in the General Division of the Local Court against the present plaintiff, Mr. Kang, claiming the sum of $50,000 which Mr. Yoo had paid to Mr. Kang as a "holding deposit" for the purchase of the Redpepper Korean-Japanese Restaurant at Shop 28, 45 The Boulevarde, Strathfield. 3. His Honour found for Mr. Yoo, ordering Mr. Kang to pay $50,000 to Mr. Yoo. An order was also made for payment of interest and costs. Magistrate Favretto dismissed Mr. Kang's cross-claim. 4. By amended summons filed in the Supreme Court on 21 August 2014, Mr. Kang seeks to appeal the entire judgment of the Magistrate. 5. To avoid any confusion, the plaintiff and cross-defendant in these proceedings (and defendant and cross-plaintiff in the lower court proceedings) will be referred to as Mr. Kang. The defendant and cross-appellant in these proceedings (and plaintiff and cross-defendant in the Local Court) will be referred to as Mr. Yoo.