Du v Feng [2020] NSWSC 1099

Du v Feng [2020] NSWSC 1099

The defendants' own statements, correspondence, and pleadings show no genuine dispute as to the existence of the debt or repayment obligations, and any assertion that the debt was to be converted to equity is unsupported by any concluded agreement or share transfer. Accordingly, the defence is manifestly untenable and summary judgment is appropriate.

Jurisdiction
Australia
Judgment Date
11 August 2020
Procedural Posture
Summary Judgment Motion / Final Determination
Outcome
Summary judgment for plaintiff
Legal Topics
['summary Judgment' 'debt Recovery']
['civil Procedure'] ['summary Judgment' 'debt Recovery']

Case Brief

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Procedural Posture

Summary Judgment Motion / Final Determination

Legal Issues

  1. 1 ['Whether summary judgment should be granted for moneys owing' 'Whether the defendants have an arguable defence']

Ratio Decidendi

The defendants' own statements, correspondence, and pleadings show no genuine dispute as to the existence of the debt or repayment obligations, and any assertion that the debt was to be converted to equity is unsupported by any concluded agreement or share transfer. Accordingly, the defence is manifestly untenable and summary judgment is appropriate.

Court Disposition

Summary judgment for plaintiff

Orders

  • ['Judgment for the plaintiff in the sum of $1,530,000.00' 'Interest up to 29 April 2020 in the amount of $544,578.08' 'Interest from 29 April 2020 in accordance with the table referred to in paragraph 16 of the Statement of Claim, being an amount of $63,995.62' "The defendants shall pay the plaintiff's costs of and...