Pi v Zhou [2015] NSWSC 1644

Pi v Zhou [2015] NSWSC 1644

The plaintiff failed to discharge the onus of proving any pleaded cause of action. The Court rejected his evidence where it was not admitted, corroborated or against interest, accepted the defendants' evidence, found that Mr Zhou did not interfere with the plaintiff's quiet enjoyment and gave two weeks' notice rather than forcing immediate eviction, found that Mr Pi was the aggressor in the 12 January 2011 altercation and that Mr Zhou acted in self defence, found no physical contact or assault by Mrs Zhao, and found that the washing machine conversion claim was not factually established.

Jurisdiction
Australia
Judgment Date
09 November 2015
Procedural Posture
Civil Proceedings Claiming Damages for Breach of Contract, Assault and Conversion / Principal Judgment After Hearing
Outcome
Judgment for the defendants.
Legal Topics
['assault' 'self Defence' 'credibility of Witnesses' 'standard of Proof for Grave Allegations' 'covenant of Quiet Enjoyment' 'forced Eviction' 'conversion' 'abuse of Process']
['tort' 'contract' 'tenancy' 'evidence' 'civil Procedure'] ['assault' 'self Defence' 'credibility of Witnesses' 'standard of Proof for Grave Allegations' 'covenant of Quiet Enjoyment' 'forced Eviction' 'conversion' 'abuse of Process']

Case Brief

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Procedural Posture

Civil Proceedings Claiming Damages for Breach of Contract, Assault and Conversion / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether Mr Zhou breached a covenant of quiet enjoyment or forcibly evicted Mr Pi from the flat.' 'Whether the defendants were liable in assault for injuries sustained by Mr Pi on 12 January 2011.' 'Whether Mr Zhou was acting in self defence during the altercation with Mr Pi.' 'Whether Mr Pi established a claim for conversion of a washing machine.' 'Whether Mr Pi discharged the civil onus of proof in light of the credibility findings and the gravity of the allegations.']

Ratio Decidendi

The plaintiff failed to discharge the onus of proving any pleaded cause of action. The Court rejected his evidence where it was not admitted, corroborated or against interest, accepted the defendants' evidence, found that Mr Zhou did not interfere with the plaintiff's quiet enjoyment and gave two weeks' notice rather than forcing immediate eviction, found that Mr Pi was the aggressor in the 12 January 2011 altercation and that Mr Zhou acted in self defence, found no physical contact or assault by Mrs Zhao, and found that the washing machine conversion claim was not factually established.

Court Disposition

Judgment for the defendants.

Orders

  • ['Judgment for the defendants.' "Unless either party makes an application in writing to my Associate within seven days hereof, order the plaintiff to pay the defendants' costs of the proceedings."]