Adam v Hasabo [2019] NSWSC 1167

Supreme Court New South Wales

Medium Neutral Citation: Adam v Hasabo [2019] NSWSC 1167 Hearing dates: 18 – 22 February 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Equity Before: Robb J Decision: See par 290 Catchwords: RESTITUTION — Ineffective transactions — General principles — Restitution of money paid — Failure of consideration — Total failure rule — In context of joint venture or partnership — Where partner's intention and behaviour such that the joint venture had no real existence

CONTRACTS — Misleading conduct under statute —Misleading or deceptive conduct within the meaning of s 18 of the Australian Consumer Law — Representations and course of conduct with no intention to make good on the promises made — Damages

CONTRACTS — Breach of contract — Breach of loan agreement/s — No repayments made to date — Damages

CONTRACTS — Breach of contract — Breach of express term of deed of agreement for sale of business — Failure of condition subsequent — No repayment of amount advanced — Damages Legislation Cited: Civil Procedure Act 2005 (NSW) Competition and Consumer Act 2010 (Cth) Taxation Administration Act 1953 (Cth) Cases Cited: Baltic Shipping Company v Dillon (1993) 176 CLR 344; [1993] HCA 4 Quistclose Investments Ltd v Rolls Razor Ltd (in liq) [1968] Ch 540 Williams v Pisano (2015) 90 NSWLR 342; [2015] NSWCA 177 Category: Principal judgment Parties: Mohammed Hamed Elsair Adam (plaintiff) Adam Iesa Ibrahim Hasabo (first defendant) Lamar A Trading Pty Ltd (second defendant) Representation: Counsel: A Moutasallem (plaintiff)