Shun Sheng Pty Ltd v Lei (No 2)
Case
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[2024] NSWCA 105
•09 May 2024
Details
AGLC
Case
Decision Date
Shun Sheng Pty Ltd v Lei (No 2) [2024] NSWCA 105
[2024] NSWCA 105
09 May 2024
CaseChat Overview and Summary
Shun Sheng Pty Ltd (the appellants) appealed to the Court of Appeal of New South Wales against interlocutory findings made by a primary judge concerning the termination of a partnership. The primary judge had made findings regarding the termination of the partnership but left numerous other issues unresolved, leading to the appeal being considered interlocutory and requiring leave.
The central legal issues before the Court of Appeal were whether the primary judge erred in rejecting the appellants' claim that the partnership terminated on 30 June 2019 and whether the challenges to the primary judge's factual findings were made out. The primary judge had disbelieved all witnesses who gave evidence.
The Court of Appeal granted leave to appeal, acknowledging the interlocutory nature of the proceedings. However, after considering the arguments, the Court dismissed the appeal. The appellants were ordered to pay the respondents' costs.
The central legal issues before the Court of Appeal were whether the primary judge erred in rejecting the appellants' claim that the partnership terminated on 30 June 2019 and whether the challenges to the primary judge's factual findings were made out. The primary judge had disbelieved all witnesses who gave evidence.
The Court of Appeal granted leave to appeal, acknowledging the interlocutory nature of the proceedings. However, after considering the arguments, the Court dismissed the appeal. The appellants were ordered to pay the respondents' costs.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Commercial Law
Legal Concepts
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Appeal
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Costs
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Jurisdiction
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Most Recent Citation
Mead Property Investments Pty Ltd v P & M Galea Pty Ltd [2025] NSWDC 323
Cases Citing This Decision
2
Shun Sheng Pty Ltd v Lei (No 5)
[2024] NSWSC 1109
Mead Property Investments Pty Ltd v P & M Galea Pty Ltd
[2025] NSWDC 323
Cases Cited
10
Statutory Material Cited
1
A [a pseudonym] v E Co [a pseudonym]
[2018] NSWCA 188
Cassaniti v Katavic (No 2)
[2023] NSWCA 107
Computer Edge Pty Ltd v Apple Computer Inc
[1984] HCA 47