Nadarajapillai v Naderasa [2015] NSWCA 109

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nadarajapillai v Naderasa [2015] NSWCA 109 Hearing dates: 30 March 2015 Date of orders: 27 April 2015 Decision date: 27 April 2015 Before: McColl JA at [1]; Macfarlan JA at [2]; Emmett JA at [3] Decision: Appeal dismissed with costs. Catchwords: CONTRACTS – loan agreement – term of agreement provided that creditor must give 90 days' notice to debtor before requiring repayment – whether such notice had been given

PROCEDURE – pleadings – whether material facts alleged supported cause of action pleaded – compliance with Uniform Civil Procedure Rules 2005 (NSW), rr 6.12(6) and 6.12(7)

PROCEDURE – judgments and orders – whether primary judge made necessary findings of fact – whether primary judge gave adequate reasons for decision Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 6.12 Category: Principal judgment Parties: Pirpakaran Nadarajapillai (Appellant) Ravindran Naderasa (Respondent) Representation: Counsel: J Patel (solicitor) (Appellant) B Loukas (Respondent)

Solicitors: Jagdish Patel (Appellant) Mark Campbell & Company (Respondent) File Number(s): 2014/137518 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of New South Wales Date of Decision: 10 April 2014 Before: Kearns DCJ File Number(s): 2013/28630