Chen v Cui [2015] NSWSC 1480

Supreme Court New South Wales

Medium Neutral Citation: Chen v Cui [2015] NSWSC 1480 Hearing dates: 23 September 2015 Date of orders: 12 October 2015 Decision date: 12 October 2015 Jurisdiction: Common Law Before: Fagan J Decision: (1) The summons is dismissed. (2) The Plaintiff is to pay the Defendant's costs. Catchwords: APPEAL – whether Magistrate erred by failing to consider alternative claims to set off debt which were not disclosed in submissions – whether equitable set-off and/or statutory right to set-off available – Civil Procedure Act 2005 (NSW), s 21(2) CONTRACT – oral agreement – claim for debt – whether a separate agreement allowed for debts to be set off RESTITUTION – unjust enrichment – whether money paid was at the request of respondent – equitable set-off Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Cases Cited: Australian Mutual Provident Society v Specialist Funding Consultants Pty Ltd (1991) 24 NSWLR 326 AWA Ltd v Exicom Australia Pty Ltd (1990) 19 NSWLR 705 Banque Commerciale SA v Akhil Holdings Ltd (1990) 169 CLR 279 Gould v The Mount Oxide Mines Ltd (1916) 22 CLR 490 Lumbers v W Cook Builders Pty Ltd (in liq) (2008) 232 CLR 635 Category: Principal judgment Parties: Aimee Xiaoping Chen (Plaintiff) Zhijing Cui (Defendant) Representation: Counsel: Mr A Norrie (Plaintiff) Mr M Condon SC and Mr N Ford (Defendant)