Chen v Zhang

In *Chen v Zhang*, the appellant, Mr. Chen, appealed a decision of the primary judge who had disbelieved witnesses for both the appellant and the respondents. The dispute concerned Mr. Chen's claim to an interest in a business.

The central legal issues before the Court of Appeal were whether the primary judge erred in finding that the evidence did not establish the existence of an agreement creating an interest in the business on the balance of probabilities, and whether the primary judge failed to make necessary findings of fact regarding the existence or nature of any such agreement.

The Court of Appeal considered the principles governing interference with findings of fact on appeal. It was held that the primary judge's discrediting of witnesses was a matter within their purview. The Court found no error in the primary judge's assessment of the evidence, concluding that the appellant had not discharged the burden of proof required to establish the existence of an agreement creating an interest in the business on the balance of probabilities.

Leave to appeal was granted, but the appeal was ultimately dismissed, with the appellant ordered to pay the respondents' costs.