KFS Financial Services Pty Ltd v Mostamandi [2016] NSWSC 1797

Supreme Court New South Wales

Medium Neutral Citation: KFS Financial Services Pty Ltd v Mostamandi [2016] NSWSC 1797 Hearing dates: 15 November 2016 Date of orders: 14 December 2016 Decision date: 14 December 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) The appeal is upheld in part.

(2) Grounds 5, 8, 9 – 10, 16 and 23 - 24 are upheld. Grounds 1 – 4, 6 – 7, 11 – 13, 14 – 15, 17 – 22, and 25 are dismissed.

(3) The judgments of the Local Court of 18 May 2015, 4 December 2015, and 24 May 2016 are set aside.

(4) Judgment in favour of the plaintiff in the sum of $78,393.60, together with interest pursuant to s 100 of the Civil Procedure Act 2005 (NSW).

(5) The defendants are to pay two-thirds of the plaintiff's costs of the Local Court proceedings as agreed or assessed on a party/party basis.

(6) Costs of these proceedings in favour of the plaintiff. Catchwords: APPEAL FROM LOCAL COURT – appeal against decision of a magistrate in a civil claim – construction of rental and lease agreements – four square rule – question of termination of contracts – Legislation Cited: Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Cases Cited: Bond v Hongkong Bank of Australia Ltd & Ors (1991) 25 NSWLR 286 Gibaud v Great Eastern Railway Co [1921] 2 KB 426 Toll (FCGT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Wilson v Nightingale 8 QB 1163 Category: Principal judgment Parties: KFS Financial Services Pty Ltd (Plaintiff) Abdul Mostamandi (First Defendant) Shaima Mostamandi (Second Defendant) Representation: Counsel: Mr D Aquilina (Plaintiff)