NSW Caselaw
New South Wales Supreme Court
CITATION : MUSTAPHA v NAAMAN [2007] NSWSC 1348
HEARING DATE(S) : 20, 21 & 22/11/2007
JUDGMENT DATE : 28 November 2007
JURISDICTION : EQUITY
JUDGMENT OF : Bryson AJ at 1
DECISION : 1. Order that the agreement between the plaintiff as purchaser and the defendant as vendor for the transfer of one Growers Share relating to Tradeable Space SRI 010 G and Permit relating to Stand 10 – Growers Retail Market Fresh Food be specifically performed and carried into executions under the direction of the Court but subject to the condition in order 2; 2. Order that the condition be that all necessary approvals, surrender, grant of a new permit and other matters and things necessary to be obtained from Sydney Markets Limited should be obtained: and further order that each party do all things which the court shall direct in support of and for the purpose of obtaining any necessary decision or act of Sydney Markets Limited; 3. Reserve further consideration of the Plaintiff's remedies in case it shall not be possible to effect specific performance; 4. Reserve liberty to apply for directions; 5. Order that the Defendant pay the Plaintiff's costs of the proceedings.
CATCHWORDS : SPECIFIC PERFORMANCE - oral agreement partly evidenced in writing for transfer of Stand 10 Growers Retail at Flemington Markets for $25,000 - order for Specific Performance - many issues about other dealings between parties.
PARTIES : Mustapha El Mustapha - Plaintiff Mohamad Naaman - Defendant
FILE NUMBER(S) : SC 5966/2005
COUNSEL : T. Marskell - Plaintiff W. Ward - Defendant
SOLICITORS : Ledlin Partners - Plaintiff Koutzoumis Lawyers
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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