Ling v Pan Pac Investment Pty Limited; Ling v Wu [2015] NSWSC 850

Supreme Court New South Wales

Medium Neutral Citation: Ling v Pan Pac Investment Pty Limited; Ling v Wu [2015] NSWSC 850 Hearing dates: 14-15 October 2014 Decision date: 30 June 2015 Jurisdiction: Common Law Before: Button J Decision: (1) Judgment for the plaintiff against the second defendant in a sum to be determined. (2) The parties have liberty to approach my Associate within two weeks of today for the making of formal orders. (3) Senior counsel for the defendants is to bring in draft orders to give precise effect to the findings contained in this judgment. (4) Costs reserved until the next date. Catchwords: CONTRACT – large sums of money borrowed by defendant whilst being defrauded by a third party – whether it would be unconscionable for the plaintiff to receive payment of interest on each loan – whether relief under the Contracts Review Act 1980 (NSW) is available – whether payment of interest should be disallowed on the basis that it is an unlawful penalty

REAL PROPERTY – possession of land – default under mortgage – whether mortgage should be enforced prior to payment of judgment debt Legislation Cited: Contracts Review Act 1980 (NSW), ss 6, 7 Cases Cited: Bakarich & Ors v Commonwealth Bank of Australia [2007] NSWCA 169 Bay Bon Investments v Selvarajah [2008] NSWSC 1251 Blomley v Ryan [1956] HCA 81; (1956) 99 CLR 362 Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; 151 CLR 447 Kakavas v Crown Melbourne Ltd [2013] HCA 25; 298 ALR 35 May v Brahmbhatt [2013] NSWCA 309 Spina v Permanent Custodians Ltd [2009] NSWCA 206 Category: Principal judgment Parties: Albert Ling (Plaintiff) Pan Pac Investment Pty Limited (First Defendant) Yan Wu (Second Defendant) Representation: Counsel: A J Tudehope (Plaintiff) G P McNally SC (Defendants)