Helou v Chahhoud [2021] NSWSC 878

Supreme Court New South Wales

Medium Neutral Citation: Helou v Chahhoud [2021] NSWSC 878 Hearing dates: 19, 20, 21 July 2021 Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Equity - Real Property List Before: Parker J Decision: See [86]-[87] Catchwords: CONTRACTS – deed of loan negotiated and signed by husband to complete purchase of property in the name of his wife – husband purports to sign deed on his wife's behalf – no direct dealings between wife and lender – whether husband had authority to commit his wife EQUITY – subrogation – unauthorised and unenforceable borrowings – equity in Bannatyne v MacIver – claim not available on the pleadings CIVIL PROCEDURE – interlocutory application – withdrawal of solicitor – conflict of interest – discretionary factors Legislation Cited: National Consumer Credit Protection Act 2009 (Cth), Sch 1 – National Credit Code Uniform Civil Procedure Rules 2005 (NSW), rr 7.1, 7.29 Cases Cited: Bannatyne v MacIver [1906] 1 KB 103 Bonette v Woolworths Ltd (1937) 37 SR (NSW) 142 Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd (1975) 133 CLR 72 Erceg v Volonakis (2020) 103 NSWLR 200 Jones v Dunkel (1959) 101 CLR 298 Texts Cited: Heydon, J D, M J Leeming and P G Turner, Meagher, Gummow and Lehane's Equity Doctrines and Remedies (5th ed, 2015, LexisNexis Butterworths) Category: Principal judgment Parties: Fawaz Helou (Plaintiff/First Cross Defendant) Helou Developments Australia Pty Limited (Second Plaintiff/Second Cross Defendant) Chadia Chahhoud (First Defendant/First Cross Claimant) Elias Joseph Taleb (Second Defendant/Second Cross Claimant) Steadiform Pty Limited (Third Defendant/Third Cross Claimant) Steadiform Holdings Pty Limited (Fourth Defendant/Fourth Cross Claimant) Class 1 Form Pty Limited (Fifth Defendant/Fifth Cross Claimant Elias Pty Limited (Sixth Defendant/Sixth Cross Claimant) Representation: Counsel: M Southwick (Plaintiffs/Cross Defendants) P Tiliakos (Defendants/Cross Claimants)