Bechara v Campbell-Williams [2011] NSWCA 177

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bechara v Campbell-Williams [2011] NSWCA 177 Hearing dates: 27 June 2011 Decision date: 27 June 2011 Before: Bathurst CJ at 1 & 21; Macfarlan JA at 19; Handley AJA at 20 Decision: (1) Order that the appellants file a notice of appeal in the form of the draft notice of appeal initialled by Bathurst CJ and placed with the papers within fourteen days; (2) Dismiss the appeal; (3) Order that the appellants pay the respondent's costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROCEDURE - costs - Civil Procedure Act 2005, ss 99(2)(c), 99(1)(b) - whether claim brought without reasonable cause - claim brought under Trade Practices Act 1974 (Cth), s 51AA, s 82 - whether loss of chance arguably constitutes damage for the purposes of an unconscionable conduct claim Legislation Cited: Civil Procedure Act 2005 ss 99(2)(c), 99(1)(b) Conveyancing Act 1919, s 37A Trade Practices Act 1974 (Cth) ss 51AA, 75B, 82 Cases Cited: Arena Management Pty Ltd (Receiver & Manager Appointed) v Campbell Street Theatre Pty Ltd [2011] NSWCA 128 Sellars v Adelaide Petroleum NL [1994] HCA 4; 179 CLR 332 Category: Principal judgment Parties: Licha BECHARA (First Applicant) Cameel BECHARA (Second Applicant) Maria BECHARA (Third Applicant) Giselle BECHARA (Fourth Applicant) Dianne BECHARA (Fifth Applicant) Herberton Enterprises Pty Limited (Sixth Applicant) David CAMPBELL-WILLIAMS (Respondent) Representation: Counsel P W Bates (Applicants) D Pritchard SC (Respondent) S Callan (Respondent) Solicitors Bechara and Company (Applicants) DLA Phillips Fox (Respondent) File Number(s): CA 2005/271046 Decision under appeal Citation: Maurice Tarabay v Licha Bechara & Ors [2010] NSWSC 202 Date of Decision: 2010-03-23 00:00:00 Before: Windeyer AJ File Number(s): 2005/271046