NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dana Rahme v Benjamin & Khoury Pty (ACN 104 057 043) [2016] NSWSC 774 Hearing dates: 27 May 2016 Date of orders: 14 June 2016 Decision date: 14 June 2016 Jurisdiction: Equity Before: Rein J Decision: See [23] Catchwords: EQUITY- PRACTICE- Claim to monies paid into Court following agreement upon the removal of a caveat based on an equitable charge lodged by the claimant in respect of plaintiff's land; plaintiff also a judgment creditor for an amount in excess of the fund; PROCEDURE- Notice of Motion appropriate pursuant to UCPR. Legislation Cited: Legal Profession Act 2004 (NSW) Contracts Review Act 1980 (NSW) Real Property Act 1900 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Parts 18, 41&55 Trustee Act 1925 (NSW) Competition and Consumer Act 2010 (Cth) Schedule 2 (Australian Consumer Law) Cases Cited: Commonwealth Bank of Australia v Estate of the Late Mahmoud Slieman [2010] NSWSC 661 Avco Financial Services Ltd v Commonwealth Bank (1989) 17 NSWLR 679 JKB Holdings v de la Vega [2013] NSWSC 501 Texts Cited: N/A Category: Procedural and other rulings Parties: Dana Rahme (Plaintiff) Benjamin & Khoury Pty (ACN 104 057 043) (Defendant) Representation: Counsel: D. Allen (Plaintiff) J.R Young (Defendant)
Solicitors: Kekatos Lawyers (Plaintiff) Benjamin & Khoury Solicitors (Defendant) File Number(s): 2015/363098 Publication restriction: Nil
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