Mao v Bao

[2021] NSWSC 1096

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › payment of sum of money by the plaintiff to the defendant
3. › whether the payment constituted a loan repayable by the defendant
4. › identity of borrower
1. Equity
2. › equitable remedies
3. › account
4. › purchase of the property funded in part by a bank loan obtained by the cross-defendant and in part by remittances by the cross-claimant
5. › cross-defendant borrows additional sum largely for his own purposes, and lets property to tenant
6. › scope of account to which cross-claimant entitled
1. Limitation of Actions
2. › equitable defence of laches and acquiescence
3. › whether inordinate delay in commencing the cross-claim
4. › prejudice to cross-defendant
1. Limitation of Actions
2. › statutes of limitation
3. › Limitation Act 1969 (NSW), s 15
4. › whether s 15 applied directly or by analogy
5. › whether the cross-claim was an action founded on a duty at common law to account
6. › whether s 15 operated by analogy to claim for account in equity’s exclusive jurisdiction
7. › relation back of amendments to cross-claim
8. › discretionary factors
9. › effect on items in account prior to beginning of limitation period