May v Brahmbhatt [2013] NSWCA 309

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: May v Brahmbhatt [2013] NSWCA 309 Hearing dates: 15 July 2013 Decision date: 18 September 2013 Before: Beazley P at [1]; Basten JA at [46]; Bergin CJ in Eq at [57] Decision: (1) Refuse leave to appeal on ground 1 of the notice of appeal; (2) Grant leave to appeal on ground 2 of the notice of appeal; (3) Appeal dismissed with 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: APPEAL - civil - leave to appeal - whether arguable case - jurisdiction under the District Court Act 1973

APPEAL - civil - leave to appeal - whether trial judge denied applicant procedural fairness

CONTRACTS - general contractual principles - harsh and unconscionable contracts and statutory remedies - Contracts Review Act 1980, s 6(2) - whether contract entered in the course of or for the purpose of a trade, business or profession

CONTRACTS - general contractual principles - harsh and unconscionable contracts and statutory remedies - Contracts Review Act 1980, s 7 - whether contract was unjust at the time it was made Legislation Cited: Contracts Review Act 1980 District Court Act 1973 Local Court Act 2007 Supreme Court Act 1970 Cases Cited: Australia and New Zealand Banking Group v Karam [2005] NSWCA 344; 64 NSWLR 149 Australian Guarantee Corporation Ltd v McClelland (1993) ASC 56-230 Elkofairi v Permanent Trustee Co Ltd [2002] NSWCA 413; 11 BPR 20,841 Hogan v Howard Finance Limited (1987) ASC 55-594 Kowalczuk v Accom Finance Pty Ltd [2008] NSWCA 343; 252 ALR 55 Perpetual Trustee Company Limited v Khoshaba [2006] NSWCA 41; 14 BPR 26,639 Riz v Perpetual Trustee Australia Ltd [2007] NSWSC 1153; NSW ConvR 56-198 West v AGC (Advances) Ltd (1986) 5 NSWLR 610 Category: Principal judgment Parties: Stephen May (Appellant) Rajesh Brahmbhatt (First Respondent) Sheema Rajesh Brahmbhatt (Second Respondent) Representation: Counsel: In person (Appellant) R White (Respondents) File Number(s): CA 2012/7389 Decision under appeal Jurisdiction: 9101 Citation: Rajesh Brahmbhatt and Sheema Brahmbhatt v Stephen May Date of Decision: 2011-12-09 00:00:00 Before: Olsson DCJ File Number(s): 2010/131109