NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rahme v Benjamin & Khoury Pty Ltd (No 2) [2019] NSWCA 239 Hearing dates: On the papers Date of orders: 08 October 2019 Decision date: 08 October 2019 Before: Bathurst CJ; Macfarlan JA; McCallum JA Decision: (1) Allow the appeal in respect of the dismissal of Mrs Rahme's claim against Benjamin & Khoury Pty Ltd ("B&K").
(2) Dismiss the appeal in relation to the rejection of Mrs Rahme's claim against Mr Dieb Khoury.
(3) Dismiss Mr Rahme's appeal.
(4) Set aside:
(a) As between Mrs Rahme and B&K only:
(i) the judgment in the Court below (proceedings 2015/300814) entered on 21 November 2018;
(ii) the judgment in proceedings 2014/262387 entered on 5 September 2014 (Judgment consequent on an assessment of costs).
(b) (As between all parties in the court below) the judgment in the Court below (proceedings 2015/300814) entered on 7 March 2019 (the Indemnity Costs Order).
(c) (As between all parties to proceedings 2015/363098) the order made on 14 June 2016 in proceedings 2015/363098 (the Costs Order in the Caveat Proceedings).
(d) (As between all parties to the judgment) the judgment in proceedings 2017/374241 entered on 11 December 2017 (Judgment consequent on filing an assessment of the Costs Order in the Caveat Proceedings).
(5) In lieu thereof:
As between Mrs Rahme and B&K:
(a) Judgment for Mrs Rahme against B&K in the sum of $302,040.30 including interest to 6 September 2019 on which date this judgment is to take effect.
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