Niu v Lu

The case of Niu v Lu involved a dispute between the plaintiff, Niu, and the defendant, Lu, regarding the existence of a binding oral agreement for a loan and a claim for restitution. The matter was heard in the Supreme Court of Victoria. Niu alleged that Lu had orally agreed to lend him money, and that he was entitled to restitution for funds provided. Lu denied the existence of any such agreement and the court was required to determine whether a binding oral lending agreement had been established and if Niu was entitled to restitution. The court also needed to assess the admissibility and authenticity of a document presented by Niu as evidence.

In its judgment, the court found that there was insufficient evidence to establish the existence of a binding oral agreement for a loan. The court noted that oral agreements can be difficult to prove and that there was no documentary evidence to support Niu's claims. The court also held that the document presented by Niu was not authentic and could not be relied upon as evidence. As a result, the court dismissed Niu's claims for both the establishment of a binding oral agreement and for restitution. The court held that Niu had failed to discharge the burden of proof to establish his claims on the balance of probabilities. The court found that Lu had not received any funds from Niu and that there was no evidence of an agreement to lend money. The court held that Niu had not established his claims and that the defendant was not liable to him. Consequently, the plaintiff's claims were dismissed.