Xu v Cao & Du Management Pty Ltd

[2025] NSWSC 1077

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Contracts
2. › Loan agreement
3. › Whether representations were made as to enforceability of the agreement
4. › Whether plaintiff operated through agents
5. › Effect of credit on existence of the representations
6. › Whether default interest clause constituted a penalty
7. › Where rate of interest upon default is 3% per month, compounding
8. › Whether the interest provisions could be applied in part or were void ab-initio
1. Bankruptcy
2. › Cross-claim previously commenced by a debtor subject to a personal insolvency agreement under the Bankruptcy Act 1966 (Cth)
3. › Effect of Bankruptcy Act 1966 (Cth) on the proceedings
4. › Resulting stays of parts of the proceedings -
5. › Cross-claims and action against second defendant stayed