Nazzal v 1Quay Corp Pty Ltd & Anor [2022] NSWSC 742

Supreme Court New South Wales

Medium Neutral Citation: Nazzal v 1Quay Corp Pty Ltd & Anor [2022] NSWSC 742 Hearing dates: 25 and 26 May 2022 Date of orders: 7 June 2022 Decision date: 07 June 2022 Jurisdiction: Equity Before: Black J Decision: (1) Plaintiff succeeds in his claim for the sum of $553,877.03. Plaintiff fails in his claim for 50% of the Profits (as defined). (2) Defendants are jointly and severally liable for the costs of the proceedings. (3) Parties to submit agreed short minutes of order or otherwise their respective draft short minutes of order and submissions within 7 days. Catchwords: CONTRACTS — Duress — Illegitimate pressure — Where parties entered into a deed of settlement and a further deed of amendment — Where the plaintiff claims for amounts owing under the deeds — Where the defendant alleges that his entry into the deeds was procured by threats and violence by the plaintiff or his agents — Whether the deeds were signed under duress Legislation Cited: Evidence Act 1995 (NSW), s 140 Cases Cited: - ANZ Banking Group v Karam (2005) 64 NSWLR 149; [2005] NSWCA 344 - Armagas Ltd v Mundogas SA [1985] 1 Ll R 1 - Barton v Armstrong [1976] AC 104 - Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 - Crescendo Management Pty Ltd v Westpac Banking Corporation (1998) 19 NSWLR 40 - Hoy Mobile Pty Ltd v Allphones Retail Pty Ltd (No 2) [2008] FCA 810 - Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 - Re Atlas Advisors Australia Pty Ltd [2022] NSWSC 705 - Re Colorado Products Pty Ltd (in prov liq) (2014) 101 ACSR 233; [2014] NSWSC 789 - State of New South Wales v Hunt (2014) 86 NSWLR 226; [2014] NSWCA 47 - Universe Tank Ships Inc of Monrovia v International Transport Workers Federation [1982] 2 All ER 67 - Varma v Varma [2010] NSWSC 786 - Watson v Foxman (1995) 49 NSWLR 315 Category: Principal judgment Parties: Ahmad Nazzal (Plaintiff) 1Quay Corp Pty Ltd (First Defendant) Iman Yassin (Second Defendant) Representation: Counsel: J Adamopoulos (Plaintiff)