Gan v Xie

• 1. Consumer Law
  2. › Unfair practices
  3. › Pyramid schemes
  4. › Characteristics of pyramid schemes
  5. › Whether scheme bore statutory characteristics of pyramid scheme
  6. › Whether objective features of scheme or subjective understandings of participants determinative
  7. › Australian Consumer Law, s 45(1)
• 1. Evidence
  2. › Tendency evidence
  3. › Civil proceedings
  4. › Tendency to make misrepresentations
  5. › Whether tendency evidence had significant probative value
  6. › Whether lack of service of tendency notice ought to have led to rejection of evidence
  7. › Evidence Act 1995 (NSW), ss 97, 99, 100
• 1. Evidence
  2. › Witnesses
  3. › Evidence of conversations
  4. › Conversations in foreign language
  5. › Whether witnesses required to recall verbatim words or gist of conversations
  6. › Distinction between verbatim memory and gist memory
• 1. Appeal
  2. › Evidence
  3. › Credibility findings
  4. › Basis and scope for appellate intervention upon primary judge's findings of fact and credit
  5. › Whether appellate court entitled to infer error from manner in which primary judge treated evidence

Quick Take