Xie trading as Ocean City Chinese Restaurant v Liang [2012] NSWIRComm 44
Ms Xie failed to discharge the heavy onus required for the defence of non est factum; the Court is not satisfied she was incapable of understanding the settlement agreement, and finds a binding agreement was made on 4 November 2011 between the parties, warranting the declaration sought.
- Jurisdiction
- Australia
- Judgment Date
- 30 May 2012
- Procedural Posture
- Interlocutory Application / Declaration and Referral of Notice of Motion
- Outcome
- Declaration granted; notice of motion referred to the Full Bench; costs reserved.
- Legal Topics
- ['declaratory Relief' 'settlement Agreements' 'non Est Factum Defence' 'appeal Proceedings']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Interlocutory Application / Declaration and Referral of Notice of Motion
Legal Issues
- 1 ['Whether a binding settlement agreement was made on 4 November 2011' 'Whether the defence of non est factum applies to Ms Xie in relation to signing the document']
Ratio Decidendi
Ms Xie failed to discharge the heavy onus required for the defence of non est factum; the Court is not satisfied she was incapable of understanding the settlement agreement, and finds a binding agreement was made on 4 November 2011 between the parties, warranting the declaration sought.
Court Disposition
Declaration granted; notice of motion referred to the Full Bench; costs reserved.
Orders
- ['The Court declares a binding agreement was made on 4 November 2011 per the handwritten document.' 'The Notice of Motion is referred to the Full Bench.' 'Costs are reserved.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment