El-Bayeh v Bayeh [2018] NSWSC 775

Supreme Court New South Wales

Medium Neutral Citation: El-Bayeh v Bayeh [2018] NSWSC 775 Hearing dates: 21-23 August 2017; 25-26 October 2017 Date of orders: 31 May 2018 Decision date: 31 May 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that:

(1) The proceedings are dismissed.

(2) The plaintiff is to pay the defendants' costs on an ordinary basis. Catchwords: EVIDENCE – Credibility – whether witness is giving truthful evidence – Whether evidence is corroborated by other witnesses, contemporaneous records or reflects the most logical version of events

CONTRACTS – Formation – Agreement – whether the parties formed an oral agreement – Variation of agreement – Express Terms – Implied terms – whether terms are necessary for the effective or reasonable operation of the contract – Breach of contract – Right to damages

CONTRACT – Misleading conduct under statute – Misleading or deceptive conduct – Representations – Whether representation was made

ESTOPPEL – Estoppel by representation – Detrimental reliance – Whether representation was made

EQUITY – Unjust enrichment – Whether defendants were unjustly enriched at the expense of the plaintiff Legislation Cited: Evidence Act 1995 (NSW), s 91(2) Cases Cited: AAP Industries Pty Ltd v Rehau Pte Ltd [2017] NSWSC 390 Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Chikal Pty Limited & Anor v Youssef El Bayeh & Anor [2011] NSWSC 230 Chikal Pty Ltd v BI Construction Pty Ltd [2010] NSWSC 1286 County Securities Pty Ltd v Challenger Group Holdings Ltd [2008] NSWCA 193 Fox v Percy (2003) 197 ALR 201; [2003] HCA 22 John Holland Pty Limited v Kellogg Brown & Root Pty Ltd [2015] NSWSC 451 Pavlovic v Universal Music Australia Pty Ltd [2015] NSWCA 313 Priestley v Priestley [2017] NSWCA 155 Winter v Nemeth [2018] NSWSC 644 Yousseff El Bayeh v Samir Bayeh & Ors [2011] NSWSC 101 Category: Principal judgment Parties: Yousseff El-Bayeh (Plaintiff) Samir Bayeh (First Defendant) Issam Issa (Second Defendant) BI Constructions (Third Defendant) Representation: Counsel: E Finnane (Plaintiff) J G Simpkins (Defendants)