Poon v Poon [2017] NSWDC 117

District Court New South Wales

Medium Neutral Citation: Poon v Poon [2017] NSWDC 117 Hearing dates: 27-30 March 2017; 6-7 April 2017; 24 April 2017 Date of orders: 17 May 2017 Decision date: 17 May 2017 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the plaintiff. (2) The parties are to bring in Short Minutes of Order reflecting these reasons and updating the interest claim of the plaintiff. (3) The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed. (4) Liberty to the parties to apply for a variation of the costs order in (3) above. (5) Exhibits to be returned after 28 days. Catchwords: Contract – identity of the lender in an alleged loan between family members – whether the moneys advanced by the plaintiff were lent by him personally to the defendant or by the mother of the plaintiff and the defendant – alternative claim in restitution Cases Cited: ANZ v Westpac Banking Corporation v (1988) 164 CLR 662 Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560 Carr v Baker (1936) 36 SR (NSW) 301 Croucher v Cachia [2016] NSWCA 132 Cubillo v Commonwealth (No 2) [2000] FCA 1084; (2000) 103 FCR 1 Danckert v Tonkin [2015] NSWSC 1570 David Securities Pty Ltd v Commonwealth Bank of Australia (1993) 175 CLR 353 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Hills Industries Ltd v Australian Financial Services and Leasing Pty Ltd [2012] NSWCA 380 Ho v Powell [2001] NSWCA 168 Seltsam Pty Ltd v McGuiness (2000) 49 NSWLR 262 Category: Principal judgment Parties: Wai Kit Poon (Plaintiff) Wai Shun Poon (Defendant) Representation: Counsel: A D'Arville (Plaintiff) G Stapleton (Defendant)