He v Kure [2023] NSWCA 179

He v Kure [2023] NSWCA 179

The first loan was repaid when the respondent actually received the proceeds of term deposits. Evidence did not establish an agreement that loans were payable only on demand and two months' notice; therefore, all loans were statute-barred and not recoverable.

Jurisdiction
Australia
Judgment Date
04 August 2023
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['repayment of Loans' 'statute of Limitations' 'recovery of Debts' 'bank Term Deposits']
['contract Law' 'limitations of Actions'] ['repayment of Loans' 'statute of Limitations' 'recovery of Debts' 'bank Term Deposits']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the first loan was repaid by the creation of term deposits in the creditor's name" 'Whether recovery of the loans was statute-barred due to repayment terms being on demand rather than on notice']

Ratio Decidendi

The first loan was repaid when the respondent actually received the proceeds of term deposits. Evidence did not establish an agreement that loans were payable only on demand and two months' notice; therefore, all loans were statute-barred and not recoverable.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed.' 'Set aside orders 3, 4, and 5 of the primary judge made on 7 October 2022.' "In lieu thereof, order that the respondent's Further Amended Statement of Claim be dismissed with costs." "Respondent pay the appellant's costs of the appeal."]