Liu v Liashenko

In the matter of *Liu v Liashenko*, heard before Emmett J in the Supreme Court of New South Wales, the dispute concerned an application by the plaintiff, Ms. Liu, for an order that the defendant, Mr. Liashenko, pay her a sum of money. The plaintiff sought to enforce an alleged oral agreement for the repayment of a loan.

The central legal issue before the Court was whether an oral agreement for the repayment of a loan, as alleged by the plaintiff, had been proven to the requisite standard. Specifically, the Court had to determine if the plaintiff had established the existence of a binding contract, including the essential terms of repayment, and whether the defendant had breached that agreement.

Emmett J considered the evidence presented by both parties, including their testimony and any corroborating documentation. The Court applied the principles of contract law, focusing on the requirements for the formation of a valid agreement, namely offer, acceptance, consideration, and intention to create legal relations. The Court found that the plaintiff had failed to discharge the onus of proof required to establish the existence of the oral agreement and its terms. Consequently, the Court dismissed the plaintiff's application.