Murphy v Zeitouneh [2015] NSWSC 876

Supreme Court New South Wales

Medium Neutral Citation: Murphy v Zeitouneh [2015] NSWSC 876 Hearing dates: 2 July 2015 Decision date: 02 July 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. The proceedings be dismissed.

2. Order the plaintiff to pay the defendants' costs of the proceedings, including the costs of the notice of motion filed on 24 June 2015. Catchwords: PRACTICE AND PROCEDURE - application for summary dismissal – no arguable cause of action disclosed – proceedings dismissed – alleged status of plaintiff as Messiah no exception to indefeasibility Legislation Cited: Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) r 13.4, r 14.28, r 17.7 Category: Procedural and other rulings Parties: David Gregory Murphy (Plaintiff) Habib and Fatima Zeitouneh (1st Defendants) Zegna Holdings (2nd Defendant) Representation: Counsel: In person (Plaintiff) J Horowitz (1st and 2nd Defendants)

Solicitors: Swaab Attorneys (1st and 2nd Defendants) File Number(s): 2014/272694

Judgment: EX TEMPORE

Introduction 1. By statement of claim filed on 16 September 2014, the plaintiff, David Murphy, commenced proceedings Habib and Fatima Zeitouneh (first defendants) and Zegna Holdings Pty Limited (second defendant). By amended statement of claim filed on 25 May 2015, the plaintiff sought an order for possession of property known as 2A Cannon Street Stanmore (the Property) against the second defendant. 2. The defendants have moved, by motion filed on 24 June 2015, for an order pursuant to r 13.4(1) of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that the proceedings be dismissed. In the alternative, the defendants seek an order pursuant to UCPR 14.28(1) that the amended statement of claim be struck out. They also seek an order for the costs of the proceedings and the notice of motion.