Zhang v Harmstorf [2019] NSWDC 49

District Court New South Wales

Medium Neutral Citation: Zhang v Harmstorf [2019] NSWDC 49 Hearing dates: 13-14 February 2019 Date of orders: 08 March 2019 Decision date: 08 March 2019 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the plaintiff. (2) The parties are to bring in Short Minutes of Order within seven days reflecting these reasons, including the claim for interest. (3) The defendant is to pay the costs of the plaintiff of the proceedings as agreed or assessed. (4) The parties have liberty to apply for a different costs order to that set out in (3) above. (5) Exhibits are to be returned in 28 days. Catchwords: Contract – breach of contract – whether defendant had breached obligation to establish branches of a company in mainland China – whether defendant had provided financial documents of company to plaintiff – whether contract had terminated by force of a term in the contract – whether rights had accrued Legislation Cited: Civil Procedure Act 2005 (NSW) Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Caringbah Investments Pty Ltd v Caringbah Business & Sports Club Ltd (in liquidation) [2016] NSWCA 165 Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd (2017) 261 CLR 544; [2017] HCA 12 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 LSKF Holdings Pty Ltd v Shield Lifestone Holdings Pty Ltd [2018] NSWCA 129 McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 Naaman v Sleiman [2015] NSWCA 259 Network 10 Pty Ltd v TX Australia Pty Ltd [2018] NSWCA 312 Tyco Australia Pty Ltd v Optus Networks Pty Ltd [2004] NSWCA 333 Wilkie v Gordian Runoff Ltd (2005) 221 CLR 522; [2005] HCA 17 Category: Principal judgment Parties: Yuguo Zhang (Plaintiff) Alexander Harmstorf (Defendant) Representation: Counsel: M Klooster and W Richey (Plaintiff) A Vincent (Defendant)