El Ketab v Lawindi [2001] NSWSC 249

New South Wales Supreme Court

CITATION : El Ketab v Lawindi [2001] NSWSC 249 CURRENT JURISDICTION: Equity Division Construction List FILE NUMBER(S) : SC 55026/00 HEARING DATE(S) : 13.3.01, 16.3.01, 23.3.01 JUDGMENT DATE : 6 April 2001

PARTIES : Mohamed Safwat El Ketab -v- Wasfy Lawindi JUDGMENT OF : Hunter J

COUNSEL : Plaintiff: In Person Defendant: C Bevan & G Pesce SOLICITORS : Plaintiff: In person Defendant: Turner Freeman CATCHWORDS : Judgment - application to set aside for procurement by fraud - silence of legal representatives of plaintiff - erroneous statement from bench in reasons for judgment against defendant. LEGISLATION CITED : Commercial Arbitration Act 1984 DECISION : The summons is dismissed and the plaintiff is to pay the defendant's costs of the proceedings.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION CONSTRUCTION LIST HUNTER J FRIDAY 6 APRIL 2001 55026/00 MOHAMED SAFWAT EL KATEB -V- WASFY LAWINDI

REASONS FOR JUDGMENT

1 Mohamed Safwat El Kateb (El Kateb) sues Wasfy Lawindi (Lawindi) in these proceedings claiming the following relief: "1. A declaration that the judgement of Justice Einstein of 24 September 1999 in proceedings 55030/99 was obtained by the defendant by fraud. 2. An order that the judgement of Justice Einstein of 24 September 1999 in proceedings 55030/99 was irregularly obtained. 3. An order that the judgement of Justice Einstein of 24 September 1999 in proceedings 55030/99 be set aside. 4. In the alternative, an order that the defendant be restrained from enforcing the judgement of Justice Einstein of 24 September 1999 in proceedings 55030/99." 2 The basis upon which that relief is claimed is set out in the following contentions in the summons: