Supreme Court
New South Wales
Medium Neutral Citation: Yin v Li; Li v Jiang [2022] NSWSC 1512 Hearing dates: 10-14 October 2022 Date of orders: 07 November 2022 Decision date: 07 November 2022 Jurisdiction: Equity - Real Property List Before: Williams J Decision: See paragraphs [321]-[327]
Catchwords: REAL PROPERTY – dispute arising out of oral agreement for sale and purchase of property – dispute about terms of oral agreement, including price – where vendor disputes the price stated in the transfer that was registered and claims that the purchaser forged his signature on the transfer or, alternatively, procured his signature by unconscionable conduct – where expert evidence of forensic document examiner is inconclusive
CONTRACTS – alleged oral loan agreements – no question of principle
Legislation Cited: Civil Procedure Act 2005 (NSW), s 100
Evidence Act 1995 (NSW), ss 136, 140
Cases Cited: Codelfa Construction Pty Ltd v State Rail Authority (1982) 149 CLR 337
County Securities Pty Ltd v Challenger Group Holdings Pty Ltd [2008] NSWCA 193
ET-China.com International Holdings Ltd v Cheung (2021) 388 ALR 128; [2021] NSWCA 24
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
Jeans v Cleary [2006] NSWSC 647
John Holland Pty Ltd v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451
King Investment Solutions Pty Ltd v Hussain [2005] NSWSC 1076
King v Adams [2016] NSWSC 1798
Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; (2011) 243 CLR 361
Lucas v Salman [2022] NSWSC 1301
Moubarak by his tutor Coorey v Holt (2019) 100 NSWLR 218; [2019] NSWCA 102
Musa v Alzreaiawi [2021] NSWCA 12
Queensland v Estate of the late Masson (2020) 381 ALR 560; [2020] HCA 28
Re Colorado Products Pty Ltd (in prov liq) (2014) 101 ACSR 233; [2014] NSWSC 789
Sergienko v AXL Financial Limited [2021] NSWSC 297
Sood v Christianos [2008] NSWSC 1087
Thorn (as executrix of the estate of the late Betty McAuley v Boyd [2016] NSWSC 1344
Warner v Hung, in the matter of Bellpac Pty Ltd (recs and mgrs aptd) (in liq) (No.2) (2011) 297 ALR 56; [2011] FCA 1123
Category: Principal judgment Parties: Kehui Yin (Plaintiff in proceedings 2018/343031)
Tao Li (Defendant in proceedings 2018/343031; Plaintiff and Cross-Defendant in proceedings 2020/92010)
Ruochen Jiang (Defendant and Cross-Claimant in proceedings 2020/92010)Representation: Counsel:
Solicitors:
D. Marks (Kehui Yin)
A. Hopkins (Tao Li)
M. Castle (Ruochen Jiang)
A S Laumberg (Kehui Yin)
Yingke Law Firm (Tao Li)
Gells Lawyers (Ruochen Jiang)
File Number(s): 2018/343031
2020/92010Publication restriction: N/A
Judgment
Introduction
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Proceeding 2018/343031 was commenced in the Local Court of New South Wales on 7 November 2018 and subsequently transferred to this Court (the 2018 proceeding). Proceeding 2020/92010 was commenced in this Court on 24 March 2020 (the 2020 proceeding). The two proceedings were heard together on 10-14 October 2022, with evidence in one being treated as evidence in the other.
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Ms Kehui Yin is the plaintiff in…
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- AGLC
- Yin v Li; Li v Jiang [2022] NSWSC 1512
- Case
- [2022] NSWSC 1512
- Decision Date
CaseChat Overview and Summary
The legal issues before the Court were whether the expert evidence provided by a forensic document examiner was sufficient to determine the authenticity of Li's signature on the transfer document, and if there was sufficient evidence to support a claim of unconscionable conduct in the procurement of Li's signature. Additionally, the Court needed to decide on the validity of the alleged oral loan agreements between Li and Jiang, which were said to be related to the property transaction.
The Court held that the expert evidence regarding the signature's authenticity was inconclusive and could not support a finding that Yin had forged Li's signature. The Court also found that there was no evidence to support a claim of unconscionable conduct in the procurement of Li's signature. Regarding the oral loan agreements, the Court determined that there was no question of principle that such agreements could not exist, but the evidence presented was insufficient to establish their terms and enforceability.
The final orders of the Court were that Yin was entitled to the property as per the registered transfer, and the claim by Jiang for an interest in the property based on the alleged oral loan agreements was dismissed. The Court also found that the evidence did not support a finding that Yin had acted unconscionably in procuring Li's signature on the transfer document.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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