Yin v Wu
Court of Appeal
Kyrou, T Forrest and Hargrave JJA
01/06/2023
[2023] VSCA 130
Private international law — Foreign judgments — Recognition — Enforcement — Grounds for refusal — Natural justice — Chinese judgment — Judgment debtor not served with original proceeding — Notification of the Chinese proceeding apparently effected by way of a public announcement — Whether summary judgment for amount of Chinese judgment should be refused on the basis of denial of natural justice
Summary judgment — Restitution claim — Money paid by respondent to applicant under asserted foreign currency exchange agreement — No payment made by applicant — Claim by respondent for restitution of money paid less a small sum refunded — Whether restitution claim appropriate for summary judgment under Civil Procedure Act 2010 (Vic), ss 63 and 64 — Whether Associate Justice erred in granting summary judgment
Evidence — Business records — Whether foreign bank statements admissible as business records — Evidence Act 2008 (Vic), s 69(1)(a)
Read the judgment here.