Ming Ying v Lida Song [2012] NSWCA 362

Ming Ying v Lida Song [2012] NSWCA 362

The appeal was dismissed because none of the grounds advanced by Ming Ying demonstrated any appellable error by the primary judge, who was entitled to prefer Lida Song’s evidence and manage the trial as she saw fit. There were no errors in the exclusion of affidavits, the credit findings, or the conduct of evidence and cross-examination. No issue of principle arose.

Jurisdiction
Australia
Judgment Date
12 November 2012
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['constructive Trust' 'credibility of Witnesses' 'shares' 'appeal' 'evidence Admissibility']
['equity'] ['constructive Trust' 'credibility of Witnesses' 'shares' 'appeal' 'evidence Admissibility']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the shares were held by Lida Song on constructive trust for Ming Ying' 'Whether primary judge erred in credit findings' 'Whether primary judge erred in rulings related to admissibility of affidavits and evidence' 'Whether primary judge erred in management of cross-examination and evaluation of witness credibility']

Ratio Decidendi

The appeal was dismissed because none of the grounds advanced by Ming Ying demonstrated any appellable error by the primary judge, who was entitled to prefer Lida Song’s evidence and manage the trial as she saw fit. There were no errors in the exclusion of affidavits, the credit findings, or the conduct of evidence and cross-examination. No issue of principle arose.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed.' 'Appellant to pay the respondents’ costs.']