NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Cheng v Guan [2016] NSWSC 969 Hearing dates: 29 June 2016 Date of orders: 13 July 2016 Decision date: 13 July 2016 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:
(1) The appeal is dismissed.
(2) The decision of his Honour Magistrate Wilson dated 18 December 2015 is affirmed.
(3) The amended summons filed 29 February 2016 is dismissed.
(4) The plaintiff is to pay the defendant's costs on an ordinary basis as agreed or assessed. Catchwords: APPEAL – Local Court – whether payments made pursuant to loan – no error in reasons of Magistrate – appeal dismissed – no point of principle Legislation Cited: Local Court Act 2007 (NSW) Cases Cited: Acuthan v Coates (1986) 6 NSWLR 472; 24 A Crim R 304 Bradley v Matloob [2015] NSWCA 239; 72 MVR 194 Brambles Holdings Ltd v Bathurst City Council [2001] NSWCA 61; 53 NSWLR 153 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; 76 NSWLR 603; 264 ALR 15 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Stoker v Adecco Gemvale Constructions Pty Ltd [2004] NSWCA 449 Swain v Waverley Municipal Council [2005] HCA 4; 220 CLR 517 Tolson v Roads and Maritime Services [2014] NSWCA 161; 201 LGERA 367 Category: Principal judgment Parties: Hong Cheng (Plaintiff) Ping Guan (Defendant) Representation: Counsel: A Norrie (Plaintiff) C O'Neill (Defendant)
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