Zheng v Jin [2024] NSWCA 293
Leave to appeal was refused as there were no prospects of success on any proposed ground, including the issue estoppel and Anshun estoppel findings, the limitation issues, and because no issue of public importance or clear injustice was disclosed.
- Parties
- Applicant: Chao Zheng; Respondent: Jun Jin
- Jurisdiction
- Australia
- Judgment Date
- 09 December 2024
- Procedural Posture
- Application for Leave to Appeal / Leave to Appeal From Summary Dismissal
- Outcome
- Application for leave to appeal dismissed with costs
- Legal Topics
- Issue Estoppel, Anshun Estoppel, Summary Dismissal, Limitation Period, Leave to Appeal
Case Brief
Summary, issues, holding and outcome
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Parties
Chao Zheng
Applicant
Jun Jin
Respondent
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Summary Dismissal
Legal Issues
- 1 Whether issue estoppel or Anshun estoppel barred the proceedings
- 2 Whether the proceedings were statute-barred
- 3 Whether the summary dismissal was appropriate under r 13.4 of the UCPR
Ratio Decidendi
Leave to appeal was refused as there were no prospects of success on any proposed ground, including the issue estoppel and Anshun estoppel findings, the limitation issues, and because no issue of public importance or clear injustice was disclosed.
Court Disposition
Application for leave to appeal dismissed with costs
Orders
- Application for leave to appeal dismissed
- Applicant to pay respondent's costs
Full Case Text
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