Daftar v Al-Khamisy (No 2) [2014] NSWDC 343

District Court New South Wales

Medium Neutral Citation: Daftar v Al-Khamisy (No 2) [2014] NSWDC 343 Hearing dates: 2-5, 11-13, 16-19 June, 29-31 July 2014 Date of orders: 04 August 2014 Decision date: 04 August 2014 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment in favour of the defendant, Firaass Al-Khamisy, in respect of the claim by Khalid Daftar. (2) Judgment in favour of the cross-claimant, Firaass Al-Khamisy, on his cross-claim against the cross-defendant, Khalid Daftar, in the sum of $307,863.75 inclusive of pre-judgment interest. (3) Plaintiff to pay the defendant's costs of the claim and the cross-claim. (4) Note that under r 36.16 of the Uniform Civil Procedure Rules 2005 the parties have 14 days to apply to amend these orders because a calculation error or other error or because different costs orders are sought. (5) Note that the defendant, after judgment, makes an application that some of the costs are to be paid on an indemnity basis. (6) List for mention in respect of costs, and any other amendment of orders sought, on Friday, 8 August 2014 at 10am before Judge P Taylor SC. Catchwords: SALE OF BUSINESS – ownership of goods sold – jewellery – gold - provision of cash repayments - loans – whether loans repaid – credit – use of interpreter – high degree of trust between parties Category: Principal judgment Parties: Khalid Daftar (plaintiff/cross-defendant) Firaass Sabah Ati Al-Khamisy (defendant/cross-claimant) Representation: Counsel: Mr R M Young (plaintiff/cross-defendant) Mr M Southwick (defendant/cross-claimant)