Yu v Yu

Case [2020] NSWSC 1904


Supreme Court


New South Wales

Medium Neutral Citation: Yu v Yu [2020] NSWSC 1904
Hearing dates: 7 and 8 December 2020
Date of orders: 22 December 2020
Decision date: 22 December 2020
Jurisdiction:Equity - Family Provision List
Before: Williams J
Decision:

Declaration made that the Principal Heads of Agreement and the Collateral Heads of Agreement entered into by the plaintiff/cross-defendant, defendant/first cross-claimant and second cross-claimant on 10 April 2019 are binding. Consequential order made for the enforcement of those agreements.

Catchwords:

EQUITY – equitable remedies – vitiating factors – common mistake – discussion of the existence and scope of jurisdiction to set aside contracts for common mistake in equity – whether parties to an agreement were operating under a common misapprehension that was fundamental to the agreement – no fundamental misapprehension

JUDGMENTS AND ORDERS – res judicata and cause of action estoppel – no issue of principle

CONTRACTS – formation – illegality – no issue of principle

CONTRACTS – terms – implied terms – no issue of principle

CONTRACTS – construction – no issue of principle

Legislation Cited:

Civil Procedure Act 2005 (NSW), ss 73 and 91

Evidence Act 1995 (NSW), s 136

Probate and Administration Act 1898 (NSW), s 81A

Cases Cited:

Australia Estates Pty Ltd v Cairns City Council [2005] QCA 328

Bell v Lever Brothers Ltd [1932] AC 161

Clayton v Bant (2020) 95 ALJR 34; [2020] HCA 44

Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337

Estate of Baissari; Chehade v El Khoury [2020] NSWSC 563

Estate ofKouvakas; Lucas vKonakas [2014] NSWSC 786

Gorczynski v Bendigo and Adelaide Bank Ltd [2016] NSWCA 170

Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd [2003] QB 679

Hawcroft General Trading Co Pty Ltd v Hawcroft [2017] NSWCA 91

Hawcroft v Hawcroft General Trading Co Pty Ltd (2016) 18 BPR 35,863; [2016] NSWSC 555

Macquarie Bank Ltd v National Mutual Life Association of Australia Ltd (1996) 40 NSWLR 543

Macquarie International Health Clinic Pty Ltd v Sydney Local Health District (2020) 19 BPR 40,463; [2020] NSWCA 161

McRae v Commonwealth Disposals Commission (1951) 84 CLR 377

Rees v Rees [2016] VSC 452

Schwartz Family Co Pty Ltd v Capitol Carpets Pty Ltd [2019] NSWSC 238

Solle v Butcher [1950] 1 KB 671

Svanosio v McNamara (1956) 96 CLR 186

Tomlinson v Ramsey Food Processing Pty Ltd (2015) 256 CLR 507; [2015] HCA 28

Westpork Pty Ltd v Bio-Organics Pty Ltd [2018] WASC 291

Zetta Jet Pte Ltd v Ship ‘Dragon Pearl’ (No 2) (2018) 265 FCR 290; [2018] FCAFC 132

Texts Cited:

J D Heydon, M J Leeming and P G Turner, Meagher Gummow & Lehane’s Equity: Doctrines & Remedies (5th ed, LexisNexis Butterworths, 2015)

K R Handley, Spencer Bower and Handley: Res Judicata (5th ed, LexisNexis Butterworths, 2019)

Category:Procedural and other rulings
Parties: Kai Yu (Plaintiff/Cross-Defendant/Respondent)
Ying-Hsun Yu (First Defendant/First Cross-Claimant/First Applicant)
Attorney General of New South Wales (Second Defendant)
Jau-Shinne Loue…

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AGLC
Yu v Yu [2020] NSWSC 1904
Case
[2020] NSWSC 1904
Decision Date

CaseChat Overview and Summary

In the matter of Yu v Yu, the plaintiff sought to set aside a property settlement agreement on the basis of a common mistake. The agreement had been made between the plaintiff and the defendant, who were married and subsequently divorced. The court was required to determine whether the agreement could be set aside due to a common mistake that was fundamental to the agreement. The court also needed to address the jurisdictional scope of equity to intervene in such cases.

The court found that there was no fundamental misapprehension shared by both parties that was central to the agreement. Consequently, the agreement could not be set aside on the basis of a common mistake. The court examined the circumstances of the case to determine whether there was a common misapprehension that was fundamental to the agreement. The court concluded that there was no such misapprehension, and therefore the agreement could not be set aside. The court also considered the jurisdictional scope of equity to intervene in such cases and found that it did not apply in this instance.

The court held that the agreement was valid and enforceable and could not be set aside on the grounds of a common mistake. The court found no issue of principle in the other areas of law raised by the parties, including res judicata and cause of action estoppel, illegality, implied terms, and construction of the contract.

The court dismissed the plaintiff's claim and made no orders.

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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