Liao v Zhu [2008] NSWSC 28

Liao v Zhu [2008] NSWSC 28

The plaintiff failed because any oral contract binding the parties was for distribution in accordance with share allotments or entitlements in the second defendant, and the plaintiff held no shares. The claim sued upon was therefore not made out.

Jurisdiction
Australia
Judgment Date
30 January 2008
Procedural Posture
Contract Claim for Payment Under Alleged Agreement Concerning Proceeds of SOCOG Proceedings / Principal Judgment; Hearing in Absence of Defendants
Outcome
Plaintiff's claim dismissed.
Legal Topics
['oral Agreement' 'commission to Sub Agent' 'termination of Head Agency Contract' 'distribution of Judgment Proceeds According to Share Entitlements']
['contracts'] ['oral Agreement' 'commission to Sub Agent' 'termination of Head Agency Contract' 'distribution of Judgment Proceeds According to Share Entitlements']

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Procedural Posture

Contract Claim for Payment Under Alleged Agreement Concerning Proceeds of SOCOG Proceedings / Principal Judgment; Hearing in Absence of Defendants

Legal Issues

  1. 1 ["Whether the plaintiff established an enforceable agreement entitling him to payment from the proceeds of the first defendant's proceedings against SOCOG." 'Whether any agreement for distribution according to share allotments or entitlements gave the plaintiff a claim where he held no shares in the second defendant.']

Ratio Decidendi

The plaintiff failed because any oral contract binding the parties was for distribution in accordance with share allotments or entitlements in the second defendant, and the plaintiff held no shares. The claim sued upon was therefore not made out.

Court Disposition

Plaintiff's claim dismissed.

Orders

  • ['Order that the proceedings be dismissed.']