NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Kalache v Way Right Investments Pty Ltd [2023] NSWDC 507 Hearing dates: 9, 10, 13 November 2023 Decision date: 13 November 2023 Jurisdiction: Civil Before: Newlinds SC DCJ Decision: 1. Order that the first' defendant's motion for summary judgment filed 2 August 2023 be dismissed; 2. Order the plaintiff's claim be dismissed; 3. Order the plaintiff pay the defendant's costs of the proceedings, including any costs associated with the notice of motion seeking summary judgment; 4. Dissolve the injunction presently in place to the intent that the monies currently held in the solicitor's trust account be immediately released as the direction of the defendants. Catchwords: CIVIL – Contracts – Proof of oral contract – Inferences – Quality of evidence on which Court will act Cases Cited: Blatch v Archer [1774] 1 Cowp 63 at 65; [1774] 98 ER 969 at 970 Ho v Powell (2001) NSWCA 168; (2001) 51 NSWLR 572 Robert Smith v Fairfax Publication Pty Limited (No 41) [2023] FCA 555 Category: Principal judgment Parties: Nasser Kallache (plaintiff) Way Right Investments Pty Ltd (1st defendant) Vincent Movizio (2nd defendant) Representation: Counsel: D Allen (plaintiff) A Connolly (1st defendant) B Loukas (2nd defendant)
Solicitors: Kekatos Lawyers (plaintiff) Cutri & Associates (1st defendant) Galluzzo Lawyers (2nd defendant) File Number(s): 2023/175715 Publication restriction: None
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