JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: BOOTH -v- ZHOU [No 2] [2024] WASCA 128
CORAM: MITCHELL JA
VAUGHAN JA
TOTTLE J
HEARD: 9 APRIL 2024
DELIVERED : 16 OCTOBER 2024
FILE NO/S: CACV 78 of 2023
BETWEEN: BARRY MILES BOOTH
First Appellant
JENNIFER ROSE BOOTH
Second Appellant
AND
WEN JUN ZHOU
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram: BOWDEN DCJ
Citation: ZHOU v MINDARIE DRIVE PTY LTD [2023] WADC 63
File Number : CIV 947 OF 2020
Catchwords:
Appeal - Equity - Undue influence - Whether primary judge applied incorrect legal test in finding there was no constructive notice of undue influence - Turns on own facts
Appeal - Equity - Undue influence - Whether primary judge erred in finding appellants entered transaction in the exercise of their own free will - Turns on own facts
Appeal - Restitution following reversal of judgment - Limits on extent of restitution - Whether successful appellants can recover the sheriff's fees incurred in enforcing judgment subsequently reversed on appeal - Appellants' remedies limited to restoration of benefits obtained by respondent - No entitlement to compensation in respect of sheriff's fees
Legislation:
Supreme Court Act 1935 (WA)
Civil Judgments Enforcement Regulations 2005 (WA)
Result:
Appeal allowed
Category: B
Representation:
Counsel:
| First Appellant | : | C Horwood |
| Second Appellant | : | C Horwood |
| Respondent | : | P Lafferty |
Solicitors:
| First Appellant | : | Laird Lawyers |
| Second Appellant | : | Laird lawyers |
| Respondent | : | Armeli & Molony Lawyers |
Cases referred to in decision:
Bainbrigge v Brown (1881) 18 Ch D 188
Bank of Credit and Commerce International SA v Aboody [1990] 1 QB 923
Bank of New South Wales v Rogers [1941] HCA 9; (1941) 65 CLR 42
Barclays Bank Plc v O'Brien [1994] 1 AC 180
Bester v Perpetual Trustee Co Ltd [1970] 3 NSWLR 30
Budget Nominees Pty Ltd v Registrar of Titles (1988) V Conv R 54-311
Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447
Commonwealth of Australia v McCormack (1984) 155 CLR 273
Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197
Credit Lyonnais Bank Nederland NV v Burch [1997] 1 All ER 144
Dewar v Ollier [2020] WASCA 25
Frigger v Computer Accounting & Tax Pty Ltd [2023] WASCA 152
Garcia v National Australia Bank Ltd (1998) 194 CLR 395
Gunn v Meiners [2022] WASCA 95
Hermann v Pitt (1890) 11 NSWLR (Eq) 294
Johnson v Buttress (1936) 56 CLR 113
Kakavas v Crown Melbourne Ltd [2013] HCA 25; [2013] 250 CLR 392
London Joint Stock Bank v Simmons (1892) AC 201
Manchester Trust v Furness [1895] 2 QB 539
Mavaddat v HSBC Bank Australia Ltd [No 2] [2016] WASCA 94
Micarone v Perpetual Trustees Ltd [1999] SASC 265
NAB v Bond Brewing Holdings Ltd (1991) 1 VR 386
Permanent Mortgages Pty Ltd v Vandenbergh [2010] WASC 10; (2010) 41 WAR 353
Robertson v Miller (1904) 3 NB Eq 78
Serventy v Commonwealth Bank…
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- AGLC
- Booth v Zhou [No 2] [2024] WASCA 128
- Case
- [2024] WASCA 128
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the primary judge had applied the correct legal test in finding there was no constructive notice of undue influence and whether the primary judge had erred in finding that the appellants had entered into the transaction in the exercise of their own free will. The court considered the evidence and the applicable legal principles to determine if the primary judge's findings were correct. The court's reasoning focused on the specific facts of the case and the application of equitable principles to those facts.
The court found that the primary judge had applied the correct legal test in determining there was no constructive notice of undue influence. The court held that the primary judge's conclusion that the respondents had entered into the transaction freely was supported by the evidence. The court determined that the primary judge's findings were not erroneous and dismissed the appeal. The court also considered the issue of restitution following the reversal of the judgment and held that the successful appellants could only recover the benefits obtained by the respondents and not the sheriff's fees incurred in enforcing the judgment that was subsequently reversed on appeal.
The court's final orders were that the appeal be dismissed and that the respondents be entitled to costs of the appeal on the standard basis.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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