Khan as Trustee for The Khan Family Trust v Hadid; Hadid v Khan as Trustee for The Khan Family Trust (No 3) [2008] NSWSC 819

New South Wales Supreme Court

CITATION : Khan as Trustee for The Khan Family Trust v Hadid; Hadid v Khan as Trustee for The Khan Family Trust (No 3) [2008] NSWSC 819

HEARING DATE(S) : 22 February 2008, 31 March 2008 and subsequent written submissions

JUDGMENT DATE : 12 August 2008

JURISDICTION : Common Law

JUDGMENT OF : Rothman J

A. In 10537/2003 the Court orders: (a) verdict and judgment for the first and second defendants against the plaintiff.

B. In 20052/2003 the Court orders: (a) verdict and judgment on the amended statement of claim for the first defendant, the second defendant, the fourth defendant, the fifth defendant, the sixth defendant and the seventh defendant against the plaintiffs; (b) declaration that registered mortgage number 9253502J is void and of no effect; (c) the first defendant (Mrs Khan) forthwith do all things, take all steps and execute all documents necessary to have registered mortgage number 9253502J removed from the register held by the Registrar-General in relation to the land described in Folio Identifier 17/12834; (d) the first defendant (Mrs Khan) forthwith do all things, take all steps and execute all documents necessary to have caveat number 9158104C removed from the register held by the Registrar-General in relation to the land described in Folio Identifier 17/12834; (e) verdict and judgment on the first cross-claim for the first cross-claimant (Mrs Khan) against the first cross-defendant (Mr Flammia) in the sum of $130,000 plus interest on that sum at Supreme Court rates from 25 December 2002 to date of these orders; DECISION : (f) verdict and judgment on the second cross-claim for the cross-claimant (Mrs Khan) against the cross-defendant (Mr Hancock) in the sum of $130,000 plus interest on that sum at Supreme Court rates from 25 December 2002 to date of these orders; (g) verdict and judgment on the fourth cross-claim for the first plaintiff (sixth cross-defendant) (Mr Hadid) and the first, second and fifth cross-defendants therein (Mrs Khan, Response Finance Pty Ltd, and Split Cycle International Pty Ltd) against the fourth defendant (cross-claimant) (Mr Flammia); (h) verdict and judgment on the fourth cross-claim for the cross-claimant (Mr Flammia) against the third cross-defendant (Mr Hancock) in the sum of $65,000 plus interest on that sum at Supreme Court rates from 25 December 2002 to date of these orders; (i) verdict and judgment on the fifth cross-claim for the first cross-defendant (Mrs Khan) and the second cross-defendant (Response Finance Pty Ltd) against the fifth defendant (first cross-claimant) (Mr Hancock); (j) verdict and judgment on the fifth cross-claim for the first cross-claimant (Mr Hancock) against the third cross-defendant (Mr Flammia) in the sum of $65,000 plus interest on that sum at Supreme Court rates from 25 December 2002 to date of these orders; (k) on the third cross-claim, the Court orders that the first cross-defendant to the third cross-claim (American Re-Insurance Company Ltd) indemnify the cross-claimant (Mr Hancock) for the liability of the third cross-claimant under any and all orders in 10537/2003 and 20052/2003, including any order for costs and the liability of the third cross-claimant (Mr Hancock) to pay the legal fees for its defence in the aforesaid matters, other than any reimbursement of costs for the time of Mr Hancock on said defence.