Da Yun Xu v Fang Lin [2005] NSWSC 569

Procedural Posture

Equity Proceedings Concerning Sale of Land, Undue Influence, Unconscionable Conduct, Unjust Contract Relief and Unpaid Deposit Claim / Trial; Judgment

Legal Issues

1. 1 ['Whether the sale of the Chatswood property by the plaintiff to the defendant was brought about by the undue influence of the defendant.' 'Whether the plaintiff was in a position of special disadvantage or disability in relation to the defendant.' "Whether the defendant unconscionably took advantage of the plaintiff's disability in relation to the sale of the Chatswood property." 'Whether the contract of sale for the Chatswood property was an unjust contract for the purposes of section 7 of the Contracts Review Act 1980.' "Whether the plaintiff was entitled to the sum of $140,000 being the purported deposit or to setting aside of the contract of sale subject to a charge in the defendant's favour for the purchase price."]

Ratio Decidendi

The plaintiff failed on all claims because the relationship was essentially commercial, the defendant was not shown to have a relationship of trust and confidence or to have actually exercised undue influence, the plaintiff was able to judge for himself and deliberately sold at an undervalue to try to secure the defendant's affections, no special disadvantage sufficiently evident to or exploited by the defendant was established, the contract was not unjust under the Contracts Review Act 1980, and the parties intended that the defendant be released from paying the stated $140,000 deposit.

Court Disposition

Proceedings dismissed with costs

Orders

• ['The proceedings are dismissed with costs.']