Wu v Zhao [2018] NSWSC 1182

Supreme Court New South Wales

Medium Neutral Citation: Wu v Zhao [2018] NSWSC 1182 Hearing dates: 13 June 2018 Date of orders: 03 August 2018 Decision date: 03 August 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Extend the time for the commencement of the proceedings to 9 February 2018.

(2) Set aside the orders made by Magistrate Price on 19 December 2017.

(3) Order that the proceedings be remitted to the Local Court of New South Wales to be determined by a different Magistrate according to law.

(4) Order that the costs of the proceedings in the Local Court be determined by the magistrate who hears the remitted proceedings.

(5) Order that the defendant pay the plaintiff's costs of the proceedings in this Court.

(6) Order that the defendant have a certificate under the Suitors Fund Act 1951 (NSW) if she is otherwise so entitled. Catchwords: APPEALS – appeal from Local Court – question of law – whether Magistrate failed to give adequate reasons in respect of material findings of fact – loan by parents to daughter – whether repaid - competing oral and documentary evidence relevant to repayment of the loan – credit issues raised by the evidence – failure of the Magistrate to resolve credit issues – failure to deal with documentary evidence - appeal upheld Legislation Cited: Limitation Act 1969 (NSW) Local Court Act 2007 (NSW) s 39 Suitors Fund Act 1951 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 50.11 Cases Cited: Beale v Government Insurance Office (NSW) (1997) 48 NSWLR 430 Coote v Kelly; Northam v Kelly [2017] NSWCA 192 Mifsud v Campbell (1991) 21 NSWLR 725 Mitchell v Cullingral Pty Ltd [2012] NSWCA 389 Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal (1990) 26 FCR 39 Palmer v Clarke (1989) 19 NSWLR 158 Pollard v RRR Corporation Pty Ltd [2009] NSWCA 110 Sellers v Marchant [2008] NSWSC 120 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Jao Wu (Plaintiff) Ying Zhao (Defendant) Representation: Counsel: J C Lee (Plaintiff) D Oliveri (Defendant)