Zhang v Harmstorf [2019] NSWDC 49

Zhang v Harmstorf [2019] NSWDC 49

The defendant breached clause 33 of the contract by failing to establish company branches of AXL International in mainland China by 1 October 2014, entitling the plaintiff to demand repayment of his investment under the contract. Proper notice was given and the contract did not terminate after three years under clause 32.

Jurisdiction
Australia
Judgment Date
08 March 2019
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['breach of Contract' 'construction of Contract' 'remedies for Breach' 'business Partnership']
['contract'] ['breach of Contract' 'construction of Contract' 'remedies for Breach' 'business Partnership']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether defendant breached obligation to establish branches of AXL International Ltd in mainland China by 1 October 2014' 'Whether defendant provided financial documents of AXL International to plaintiff' 'Whether contract terminated by force of a term in contract' 'Whether plaintiff entitled to refund of one million Chinese yuan under contract']

Ratio Decidendi

The defendant breached clause 33 of the contract by failing to establish company branches of AXL International in mainland China by 1 October 2014, entitling the plaintiff to demand repayment of his investment under the contract. Proper notice was given and the contract did not terminate after three years under clause 32.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Judgment for the plaintiff.' 'The parties are to bring in Short Minutes of Order within seven days reflecting these reasons, including the claim for interest.' 'The defendant is to pay the costs of the plaintiff of the proceedings as agreed or assessed.' 'The parties have liberty to apply for a different costs...