He v Kure

[2023] NSWCA 179

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Loan agreements
3. › Repayment of debt
4. › Whether loan repaid by deposit of funds into term deposits in creditor's name
5. › Whether creditor actually received proceeds of term deposits
1. Limitation of Actions
2. › Debt
3. › Loans repayable on demand
4. › Cause of action accruing on date of advance
5. › Whether loans repayable when demanded and on two months' notice or on demand
6. › Limitation Act 1969 (NSW), s 14
1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Whether primary judge's findings supported by evidence
5. › Credibility of witnesses giving evidence through interpreter via audio-visual link

Quick Take

Deposit of loan proceeds into accounts in the creditor's name, where the debtor was authorised to operate those accounts, may constitute repayment if the creditor actually receives the proceeds — including by the proceeds being credited to an account the creditor alone controls.

Case Details

Citation[2023] NSWCA 179

CourtNSWCA

JurisdictionNew South Wales

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Relies on4

2020Queensland v MassonHCA 28
2019Lee v Lee; Hsu v RACQ Insurance Limited; Lee v RACQ Insurance LimitedHCA 28
2017In the matter of Italasia Pty LtdNSWSC 811
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