John Khoury & Ors v Fouad El Khoury & Ors [2013] NSWSC 14

Supreme Court New South Wales

Medium Neutral Citation: John Khoury & Ors v Fouad El Khoury & Ors [2013] NSWSC 14 Hearing dates: 19.11.12, 20.11.12, 21.11.12, 22.11.12, 23.11.12 Decision date: 31 January 2013 Before: Nicholas J Decision: Par 75 Catchwords: REAL PROPERTY - mortgage - mortgagee sale of plaintiff's property - plaintiff denied signing mortgage and related documentation - turns on facts - no question of general principle Legislation Cited: Real Property Act 1900 Category: Principal judgment Parties: John Khoury - first plaintiff/first cross-defendant to first cross-claim Charbel El Khoury - second plaintiff/second cross-defendant to first cross-claim Daniel El Khoury - third plaintiff/third cross-defendant to first cross-claim Romeo El Khoury - fourth plaintiff/fourth cross-defendant to first cross-claim Zeina El Khoury - fifth plaintiff/fifth cross-defendant to first cross-claim Fouad El Khoury - first defendant/sixth cross-defendant to first cross-claim/first cross-defendant to second cross-claim Sandra El Khoury - second defendant/second cross-defendant to second cross-claim National Australia Bank Limited - third defendant/cross claimant to second cross-claim Commonwealth Bank of Australia - fourth defendant/cross claimant to first cross-claim Representation: Counsel: D Allen - plaintiffs/cross-defendants No appearance - first defendant/sixth cross-defendant to first cross-claim/first cross-defendant to second cross-claim No appearance - second defendant/second cross-defendant to second cross-claim P D Reynolds - third defendant/cross claimant to second cross-claim A A Henskens SC/S W Aspinall - fourth defendant/cross claimant to initial cross-claim Solicitors: Leverage Australia Solicitors - plaintiffs No appearance - first defendant/sixth cross-defendant to first cross-claim/first cross-defendant to second cross-claim No appearance - second defendant/second cross-defendant to second cross-claim National Australia Bank Limited- third defendant/cross claimant to second cross- claim Henry Davis York - fourth defendant/cross claimant to first cross-claim File Number(s): 10/152984