CAYDEN PTY LIMITED TRADING AS ACUITY FUNDING v PATRICK NOUH & 3 ORS [2008] NSWSC 1219

New South Wales Supreme Court

CITATION : CAYDEN PTY LIMITED TRADING AS ACUITY FUNDING v PATRICK NOUH & 3 ORS [2008] NSWSC 1219

HEARING DATE(S) : 12 November 2008

JUDGMENT DATE : 12 November 2008

JURISDICTION : EQUITY

JUDGMENT OF : Bryson AJ at 1

(1) Order that upon the summons, judgment be given for the defendants with costs. (2) Order that upon the cross claim, claim one, judgment be given for the cross- claimants for $3300. DECISION : (3) Order that the sum of $13,800 paid by the defendants under interlocutory arrangements be now repaid to the defendants. (4) Order that the plaintiff withdraw caveat AD793669 on or before 13 November 2008. (5) Order that the cross defendant pay the cross claimants' costs of the cross claim, assessed at $700.

CATCHWORDS : Contract – retainer of mortgage broker with commission – loan approval – retainer agreement contained conditions which were not fulfilled – loan approval did not correspond with application – held no entitlement to commission – caveat removed – initial payment recovered – decision on facts and non-standard document.

Cayden Pty Limited t/as Acuity Funding – Plaintiff Patrick Nouh – 1st Defendant PARTIES : Sharon Nouh – 2nd Defendant Joseph Nouh – 3rd Defendant Rita Nouh – 4th Defendant

FILE NUMBER(S) : SC SC 2222/08

COUNSEL : A Chee – Pltf M Tyson - Dft

SOLICITORS : Proctor Phair Lawyers - Pltf Veritas Legal - Dfts

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRYSON AJ

WEDNESDAY 12 NOVEMBER 2008

2222/08 - CAYDEN PTY LIMITED T/AS ACUITY FUNDING v PATRICK NOUH & 3 ORS