Naboulsi v Khalil [2024] NSWSC 177

Supreme Court New South Wales

Medium Neutral Citation: Naboulsi v Khalil [2024] NSWSC 177 Hearing dates: 28 February 2024 Date of orders: 21 March 2024 Decision date: 21 March 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Dismiss the Second Further Amended Summons. 2. The plaintiff is to pay the defendant's costs. Catchwords: APPEALS – appeal from Local Court to Supreme Court – proceedings for recovery of $30,000 – where defendant loaned money to his first cousin – cousin asserts third party borrowed money and ownership of a BMW X6 was transferred as security – where cousin was unrepresented litigant – cousin subpoenaed car registration documents – subpoenaed documents show ownership was transferred to the defendant four months before the loan was made – registration documents not tendered at trial – Magistrate gave judgment against cousin – whether Magistrate denied procedural fairness by not facilitating tender of the registration documents – whether failure to tender documents deprived cousin the possibility of a successful outcome – questions of fact – where Magistrate had explained the procedure for tendering documents and asked what material was to be tendered – held Magistrate was not obliged to say anything further – no denial of procedural fairness – subpoenaed documents inconsistent with BMW being provided as security – evidence overwhelmingly supported defendant's case – no substantial miscarriage or wrong – grounds of appeal rejected – summons dismissed Legislation Cited: Local Court Act 2007 (NSW) ss 39, 40, 41 Uniform Civil Procedure Rules 2005 (NSW) r 51.53 Cases Cited: Balenzuela v De Gail (1959) 101 CLR 226; [1959] HCA 1 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Hamod v State of New South Wales and Anor [2011] NSWCA 375 John Maiolo t/as M & N Peninsular Kitchens & Joinery v Chiarelli [2017] NSWSC 982 Nobarani v Mariconte (2018) 265 CLR 236; [2018] HCA 36 Norfeld Pty Ltd v Amanda Lee Jones Trading as Watermark Patent & Trademark Attorneys [2014] NSWSC 992 Rajski v Scitec Corporation Pty Ltd (unreported, Court of Appeal, NSW, 16 June 1986) Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54 Texts Cited: Nil Category: Principal judgment Parties: Wassim Naboulsi (Plaintiff) Bass Khalil (Defendant) Representation: Counsel: K Asal (Plaintiff) L James (Defendant)