IMBK Pty Ltd v Zheng Tan [2018] NSWSC 1801

Supreme Court New South Wales

Medium Neutral Citation: IMBK Pty Ltd v Zheng Tan [2018] NSWSC 1801 Hearing dates: 7-16 May 2018, 15 June 2018 Date of orders: 26 November 2018 Decision date: 26 November 2018 Jurisdiction: Equity Before: Robb J Decision: (1) Plaintiff is entitled to judgment against the defendant for $250,000 plus pre-judgment interest under s 100 Civil Procedure Act 2005 (NSW).

(2) Defendant's cross claim is dismissed.

(3) Defendant is to pay the plaintiff's costs (the Court will hear the plaintiff as to the appropriate basis for the payment of costs).

(4) Plaintiff to bring in short minutes of order plus a schedule setting out the calculation of interest. Catchwords: MONEY — Currency and exchange control — Repayment of Money — Cancelled Contract — Whether money was taken by the defendant without authority or taken lawfully pursuant to an agreement — Closed circuit television recording of defendant taking money from the plaintiff's premises — Repayment of money paid under a cancelled contract on the ground that consideration for the payment wholly failed — The plaintiff has established an entitlement to be repaid money advanced to the defendant and to cash taken by the defendant from the plaintiff's premises without authority — No point of principle

EVIDENCE — burden of proof, presumptions, and weight and sufficiency of evidence — Transactions conducted overseas through oral conversations and the making of cash payments — the importance of objective evidence in assessing the credibility of the cases put forward by the parties Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Hungerfords v Walker (1989) 171 CLR 125; [1989] HCA 8 Watson v Foxman (1995) 49 NSWLR 315 John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Category: Principal judgment Parties: IMBK Pty Limited (plaintiff and cross defendant) Mr Zheng Tan (defendant and cross claimant) Representation: Counsel: N Carney (plaintiff)