Dehsabzi v Khaliqi [2008] NSWSC 848

New South Wales Supreme Court

CITATION : Dehsabzi v Khaliqi [2008] NSWSC 848

28 July 2008 HEARING DATE(S) : 1 August 2008 13 August 2008

JUDGMENT DATE : 15 August 2008

JUDGMENT OF : Smart AJ

DECISION : See paragraph 30

CATCHWORDS : Loan of money - No question of principle - Issues of fact

CATEGORY : Principal judgment

Marina Dehsabzi Minyar Dehsabzi PARTIES : Abdul Khaliqi Qudsia Khaliqi Harown Khaliqi Majeed Khaliqi

FILE NUMBER(S) : SC 6088/2008

Mr M Lawson (plaintiffs) COUNSEL : 1st and 2nd defendants self represented 3rd and 4th defendants unrepresented

Stephen Bullivant (plaintiffs) SOLICITORS : 1st and 2nd defendants self represented 3rd and 4th defendants unrepresented

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

SMART AJ

FRIDAY 15 AUGUST 2008

6088/07 MARINA DEHSABZI & 1 ORS v ABDUL KHALIQI & 3 ORS JUDGMENT

1 This is a dispute between a brother and sister and their spouses. The bitterness that has developed was evident throughout the proceedings. It was a case in which it was difficult to ascertain where the truth lay. All parties came from Afghanistan. Two of the sons of the first defendant were also involved as parties to the proceedings but neither of the sons appeared, although served.

2 The capacity of all parties to speak and understand English was an issue both as at August/September 2004 and currently. The first and second defendants contended that in August/September 2004 they could not speak or understand English and depended on the first plaintiff to guide if not direct them. They said that they trusted her in what she said. They accepted her recommendations as to the persons with whom they should deal and as to the management of their financial affairs. 3 The plaintiffs contended that they entered into an agreement with all four defendants, Mr and Mrs Khaliqi and their sons Harown and Majeed Khaliqi, and that they are currently owed $48,337 by way of capital and $8,320.41 by way of arrears of interest. There is no written instrument which covers the matter and there is a dispute as to the agreement and how it arose.