Chanaa v Zarour [2011] NSWCA 199

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Chanaa v Zarour [2011] NSWCA 199 Hearing dates: 29 June 2011 Decision date: 21 July 2011 Before: Bathurst CJ at [1] Campbell JA at [2] Tobias AJA at [93] Decision: (1) Appeal dismissed. (2) Appellant to pay costs of the Respondents to the appeal, except the costs of the Fourth Respondent of preparing written submissions and appearing at the hearing of the appeal. [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: APPEAL - whether judge's finding was open in light of the pleadings and the way the case was conducted - requirement of procedural fairness - relief confined to that available on the pleadings unless the actual conduct of the proceedings shows another issue was litigated

APPEAL - whether judge's finding had sufficient evidentiary support

CONTRACT - parties - identification of agreement and parties - whether contract was with A, B, A and B jointly, or A and B jointly and severally

CONTRACT - parties - promise made by two promisors presumed to be joint unless words making it joint and several Cases Cited: Adamson v Ede [2009] NSWCA 379 In Banque Commerciale SA en Liquidation v Akhil Holdings Ltd [1990] 169 CLR 279 Water Board v Moustakas (1988) 180 CLR 491 Texts Cited: Glanville Williams, Joint Obligations (1949) Category: Principal judgment Parties: Eziab Chanaa (Appellant) Omar Zarour (First Respondent) Anan Assaf (Second Respondent) Imhal Assaf (Third Respondent) Ahlam Chanaa (Fourth Respondent) Representation: Counsel BW Collins QC; C Mulvey (Appellant) N Obrart (First Respondent) EN Gramelis (Fourth Respondent) Solicitors Benjamin & Robinson (Appellant) Allied Lawyers (First Respondent) Unrepresented, submitting appearances (Second and Third Respondents) Dib Lawyers (Fourth Respondent) File Number(s): 2009/334368 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-09-24 00:00:00 Before: Colefax DCJ File Number(s): 2009/334368