Azar v Citigroup Pty Ltd [2011] NSWCA 380

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Azar v Citigroup Pty Ltd [2011] NSWCA 380 Hearing dates: 2 December 2011 Decision date: 13 December 2011 Before: Campbell JA at 1 Young JA at 2 Sackville AJA at 3 Decision: (1) Appeal dismissed. (2) Appellants pay the respondent's costs 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: CONTRACTS REVIEW ACT - whether mortgage and loan agreement unjust - findings of fact support primary Judge's finding of no injustice. Legislation Cited: Consumer Credit (New South Wales) Code Contracts Review Act 1980 Real Property Act 1900 Cases Cited: Fox v Percy [2003] HCA 22; 214 CLR 118 Jones v Dunkel [1959] HCA 8; 101 CLR 298 Perpetual Trustee Co Ltd v Khoshaba [2006] NSWCA 41; 14 BPR 26 Warren v Coombes [1979] HCA 9; 142 CLR 531 Category: Principal judgment Parties: Aziz Azar and Ovsanna Azar (Appellants) Citigroup Pty Limited (Respondent) Representation: Counsel: D. Eardley (Appellants) P. Newton (Respondent) Solicitors: Downeys Lawyers (Appellants) Norton Rose Australia (Respondent) File Number(s): 2009/296222 Publication restriction: No. Decision under appeal Date of Decision: 2011-03-02 00:00:00 Before: Barr AJ File Number(s): 2009/296222