Liang v Dai

Liang v Dai involved a dispute between the plaintiff, Liang, and the defendant, Dai, concerning a breach of contract. The matter was heard and determined in the Supreme Court of New South Wales. The plaintiff sought damages for the defendant’s alleged failure to fulfil contractual obligations under a property development agreement. The primary legal issue before the court was whether a valid and binding contract existed between the parties, and if so, whether the defendant had breached it.

The court was required to determine whether the written agreement was sufficiently complete to be enforceable and if the parties intended to be legally bound by its terms. Furthermore, the court examined the admissibility of extrinsic evidence to understand the context of the agreement, such as prior negotiations, to ascertain the parties' intentions. The court also had to consider whether the plaintiff had provided adequate consideration and whether the deed was properly executed. The existence of privity of contract and the role of agency were additional factors that the court had to evaluate.

In delivering the judgment, the court found that the written agreement contained all the essential terms necessary for enforceability and that the parties intended to be legally bound by it. The court admitted extrinsic evidence to assist in interpreting the terms of the agreement. The consideration provided by the plaintiff was deemed sufficient, and the deed was properly executed. The court concluded that the defendant had breached the contract and awarded damages to the plaintiff. The court ordered the defendant to pay the plaintiff $550,691.25 in damages and the plaintiff's costs of the proceedings on the ordinary basis. The court also granted leave for the parties to apply for an alternative order regarding interest and/or costs.