High Court of Australia
HIGH COURT OF AUSTRALIA
FRENCH CJ,
GUMMOW, HAYNE, HEYDON AND CRENNAN JJ
Matter No S191/2009
ADEELS PALACE PTY LTD APPELLANT
AND
ANTHONY MOUBARAK RESPONDENT
Matter No S192/2009
ADEELS PALACE PTY LTD APPELLANT
AND
ANTOIN FAYEZ BOU NAJEM RESPONDENT
Adeels Palace Pty Ltd v Moubarak
Adeels Palace Pty Ltd v Bou Najem
[2009] HCA 48
10 November 2009
S191/2009 & S192/2009
ORDER
Matter No S191/2009
1. Appeal allowed with costs.
2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales entered on 24 March 2009, and in lieu thereof order that:
(a) the appeal to that Court be allowed with costs;
(b) the orders of the District Court of New South Wales made on 25 January 2008, as amended by order 1 of the orders of that Court made on 14 February 2008, be set aside, and in lieu thereof there be judgment for the defendant with costs.
Matter No S192/2009
1. Appeal allowed with costs.
2. Set aside the orders of the Court of Appeal of the Supreme Court of New South Wales entered on 24 March 2009, and in lieu thereof order that:
(a) the appeal to that Court be allowed with costs;
(b) the orders of the District Court of New South Wales made on 25 January 2008 be set aside, and in lieu thereof there be judgment for the defendant with costs.
On appeal from the Supreme Court of New South Wales
Representation
J E Sexton SC with M J Gollan for the appellant (instructed by Lee & Lyons Lawyers)
B M Toomey QC with D R Campbell SC and D C Morgan for the respondent in S191/2009 (instructed by Leitch Hasson Dent Solicitors)
S G Campbell SC with J W Catsanos for the respondent in S192/2009 (instructed by Sanford Legal)
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Adeels Palace Pty Ltd v Moubarak
Adeels Palace Pty Ltd v Bou Najem
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