Pi v Zhou

The case of Pi v Zhou was heard by the Supreme Court of Victoria. The plaintiff, Pi, sued the defendant, Zhou, for assault and breach of covenant of quiet enjoyment, along with an allegation of forced eviction from premises. The plaintiff claimed that the defendant physically assaulted him, breached the covenant of quiet enjoyment by causing disturbances, and forced him to leave the premises. The defendant denied all allegations and claimed that any physical altercation was in self-defence.

The court had to determine the credibility of the witnesses and assess whether the plaintiff had discharged the onus of proof in relation to the assault. Additionally, the court had to consider whether the plaintiff had discharged the onus of proving that the defendant breached the covenant of quiet enjoyment and forced him to leave the premises. The court also had to consider the defendant's claim of self-defence.

The court found that the plaintiff's evidence was not credible and did not discharge the onus of proof. The court held that the plaintiff failed to establish the defendant's motive as an aspect of probability and did not prove the assault on the balance of probabilities. The court also found that the plaintiff did not discharge the onus of proving that the defendant breached the covenant of quiet enjoyment and forced him to leave the premises. The court accepted the defendant's claim of self-defence as the more probable explanation for any physical altercation that occurred.

The court dismissed the plaintiff's claims and ordered the plaintiff to pay the defendant's costs.