Guirguis v Girgis [2020] NSWSC 1468

Supreme Court New South Wales

Medium Neutral Citation: Guirguis v Girgis [2020] NSWSC 1468 Hearing dates: 25, 26 and 27 February; 10 and 26 March; 16 April; and 17 June 2020 Decision date: 23 October 2020 Jurisdiction: Equity Before: Lindsay J Decision: Declarations and consequential orders to be made as to entitlements to land consequent upon dealings effected by the plaintiff in his capacity as attorney for the defendant. Catchwords: AGENCY – Power of Attorney – Whether donee accountable, as a fiduciary, to donor for self dealing transactions AGENCY – Liability of agent to principal – Fiduciary relationship Legislation Cited: Conveyancing Act 1919 NSW Real Property Act 1900 NSW Cases Cited: Bahr v Nicolay (No. 2) (1988) 164 CLR 604 Estate Tornya, Deceased [2020] NSWSC 1230 Farah Constructions Pty Ltd v Say-Dee Pty Ltd (2007) 230 CLR 89 Nelson v Nelson (1995) 184 CLR 538 Taheri v Vitek (2014) 87 NSWLR 403 Tobin v Broadbent (1947) 75 CLR 378 Ward v Ward (No. 2) [2011] NSWSC 1292 Warman International Ltd v Dwyer (1995) 182 CLR 544 Texts Cited: - Category: Principal judgment Parties: Plaintiff: Michel Fahmy Aziz Guirguis (by his tutor Laila Guirguis) Defendant: Olga Aziz Girgis Cross Claimant: Olga Aziz Girgis First Cross Defendant: Michel Fahmy Aziz Guirguis (by his tutor Laila Guirguis) Second Cross Defendant: Laila Guirguis Representation: Counsel: Plaintiff/Cross Defendants: JL Glissan QC and A Moutasallem Defendant/Cross Claimant: R Winfield