Yan v Zhang

The plaintiffs in this case sought to enforce a Deed of Settlement that required them to submit requests to relevant Chinese authorities for the withdrawal of criminal complaints. The defendants alleged that the plaintiffs had breached this obligation and sought judgment for the amount of damages due. The court had to determine whether the plaintiffs had indeed breached the Deed by failing to submit the required requests, whether the breach notices were valid, and if any default had been cured by a second withdrawal request. The court's ruling considered the evidence provided by the plaintiffs, including affidavits from individuals involved in the submission of the requests, and the defendants' objections to the admissibility of this evidence.

The court found that the plaintiffs had not breached the Deed of Settlement as they had taken reasonable steps to comply with their obligations. The evidence provided, including affidavits from individuals who had personally submitted the withdrawal requests, demonstrated that the plaintiffs had made genuine efforts to comply with the terms of the Deed. The court also found that the breach notices were ineffective as they were not properly served, and that the plaintiffs' default had been cured by the subsequent submission of the second withdrawal request. As a result, the plaintiffs were not liable for the damages claimed by the defendants.

The court dismissed the defendants' claim for damages and ordered the defendants to pay the plaintiffs' costs of the proceeding. This included the costs associated with the hearing on 13 November 2018, where the plaintiffs had tendered further evidence in response to the defendants' objections. The court's decision was based on the evidence presented and the legal principles applicable to the enforcement of the Deed of Settlement.