Gao v Wang [2022] NSWDC 121

Gao v Wang [2022] NSWDC 121

Procedural fairness was provided at all relevant times; Assessor properly considered evidence and submissions; no ground of absence of procedural fairness made out; contract was with company and not Mr Wang personally.

Parties
Plaintiff: Mr Ming Gao; Defendant: Mr Chang Wang
Jurisdiction
Australia
Judgment Date
22 April 2022
Procedural Posture
Appeal From Small Claims Division Decision / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Appeal – Procedural Fairness, Director's Personal Liability, Default Judgment Procedure
Civil Procedure Small Claims Appeal – Procedural Fairness Director's Personal Liability Default Judgment Procedure

Case Brief

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Parties

Mr Ming Gao

Plaintiff

Mr Chang Wang

Defendant

Procedural Posture

Appeal From Small Claims Division Decision / Judgment

Legal Issues

  1. 1 Whether the Assessor denied procedural fairness to the plaintiff
  2. 2 Whether the Assessor failed to consider relevant material regarding director status
  3. 3 Whether personal liability was wrongly attributed to the defendant

Ratio Decidendi

Procedural fairness was provided at all relevant times; Assessor properly considered evidence and submissions; no ground of absence of procedural fairness made out; contract was with company and not Mr Wang personally.

Court Disposition

Appeal dismissed with costs

Orders

  • Summons dismissed.
  • The plaintiff to pay the defendant's costs of the summons and of these proceedings on an indemnity basis.