In the case of Zhang v Chen [2024] QCA 177, the Court of Appeal considered an appeal regarding a summary judgment entered in favour of the respondent, Peizhen Chen, against the applicant, Bin Zhang. The dispute centred on monies allegedly transferred by Chen to Zhang under an oral agreement, with the intent for Zhang to hold and subsequently transfer the funds to Chen’s son in Australia. Chen sought summary judgment for $637,305.00, a part of the $1,437,345.00 total sum she claimed was owed. The primary judge initially found in favour of Chen, awarding her the summary judgment. However, on appeal, it was determined there were triable issues regarding the ownership and entitlement to the funds after their transfer. The appeal court found that the evidence provided by Chen was insufficient to substantiate her claims, resulting in the setting aside of the primary judgment. The court granted Zhang an extension of time to file his appeal, ultimately allowing the appeal and ordering Chen to pay Zhang’s legal costs.
Full text: https://www.sclqld.org.au/caselaw/149257