Ming Ying v Lida Song

Ming Ying (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning a claim that shares were held on a constructive trust for the appellant by Lida Song (the respondent). The dispute centred on the beneficial ownership of certain shares.

The central legal issue before the Court of Appeal was whether the primary judge erred in their findings of fact, particularly regarding the credit of witnesses, which underpinned the conclusion that the shares were not held on constructive trust for the appellant. The appeal did not raise any novel or significant issue of legal principle.

The Court of Appeal found no error in the primary judge's assessment of the evidence and the credit of the witnesses. The appeal was therefore dismissed because the challenge to the primary judge's factual findings failed, and there was no broader issue of legal principle to be determined.

The appeal was dismissed with costs.