Shun Sheng Pty Ltd v Lei (No 2) [2024] NSWCA 105

Shun Sheng Pty Ltd v Lei (No 2) [2024] NSWCA 105

The applicants failed to prove the partnership was terminated on 30 June 2019 due to the unreliability of their testimonial evidence and substantial contrary objective evidence. The primary judge's findings as to facts and credibility were open to him and no error is demonstrated. The orders made by the primary judge were interlocutory, leave to appeal was granted, but the appeal was dismissed on the merits.

Jurisdiction
Australia
Judgment Date
09 May 2024
Procedural Posture
Appeal / Leave to Appeal and Appeal From Interlocutory Decision, Court of Appeal
Outcome
Leave to appeal granted, appeal dismissed, costs to respondents.
Legal Topics
['leave to Appeal' 'interlocutory Appeals' 'partnership Dissolution' 'credibility of Witnesses']
['equity' 'partnership Law' 'civil Procedure'] ['leave to Appeal' 'interlocutory Appeals' 'partnership Dissolution' 'credibility of Witnesses']

Case Brief

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Procedural Posture

Appeal / Leave to Appeal and Appeal From Interlocutory Decision, Court of Appeal

Legal Issues

  1. 1 ['Whether the partnership was terminated on 30 June 2019 or October 2021' 'Whether the weekly payments to Mr Kitsos were salary or advances against partnership entitlements' "Whether Mr Kitsos guaranteed Ms Lei's obligations" "Whether Ms Lei and Mr Kitsos agreed that Ms Lei's liability was at least $1.1 million to be paid conditional on a property sale"]

Ratio Decidendi

The applicants failed to prove the partnership was terminated on 30 June 2019 due to the unreliability of their testimonial evidence and substantial contrary objective evidence. The primary judge's findings as to facts and credibility were open to him and no error is demonstrated. The orders made by the primary judge were interlocutory, leave to appeal was granted, but the appeal was dismissed on the merits.

Court Disposition

Leave to appeal granted, appeal dismissed, costs to respondents.

Orders

  • ['Grant leave to appeal.' 'Appellants to file notice of appeal in the form of the draft notice of appeal within 7 days; otherwise dispense with the rules concerning service.' 'Appeal dismissed.' "Appellants to pay respondents' costs."]