NSW Caselaw
New South Wales Supreme Court
CITATION : Narayan v Swaleh & ors [2005] NSWSC 1248
HEARING DATE(S) : 1 November 2005
JUDGMENT DATE : 1 November 2005
JUDGMENT OF : Brereton J
CATCHWORDS : PROCEDURE – representation - solicitors – ceasing to act – effect of continuing to act after expiry of notice of intention to cease – further notice required - PROCEDURE - Supreme Court procedure - procedure where party is absent at trial - TRADE PRACTICES - consumer protection – misleading or deceptive conduct – representation as to future matter - CONVEYANCING – vendor and purchaser – deposit – recovery of deposit – where misrepresentation as to availability of finance.
Conveyancing Act s 55(2A) LEGISLATION CITED : Fair Trading Act 1987 s 72(5)(a) Uniform Civil Procedure Rules r 29.7
Barker v Furlong [1891] 2 Ch 172 Stone v Smith (1887) 35 Ch D 188 CASES CITED : Kingdon v Kirk (887) 37 Ch D 141 Yorke v Lucas (1985) 158 CLR 661
Sat Narayan (plaintiff) Shaheen Reza Swaleh (first defendant) John Cameron Geikie (second defendant) PARTIES : Stanley Ali Swaleh (third defendant) Finishcorp Pty Limited (fourth defendant) Jim Kekatos (fifth defendant)
FILE NUMBER(S) : SC 2811/04
T Hancock (plaintiff) A Iuliano (second defendant) B Bradley (solicitor) (fifth defendant) COUNSEL : No appearance (first defendant) No appearance (third defendant) No appearance (fourth defendant)
R E Barros (plaintiff) SOLICITORS : J Kekatos Lawyers (fourth defendant) Henry Davis York (fifth defendant)
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