Awad v Awad (No 2) [2020] NSWSC 25

Awad v Awad (No 2) [2020] NSWSC 25

The alternative claims for relief (constructive trust, joint endeavour trust, equitable charge or lien) were not properly pleaded nor adequately supported by evidence, and were inconsistent with prior findings; leave to adduce expert valuation evidence was refused; the threshold issues were determined adversely to Michael Awad, and Nouhad was to have costs of the disposition of those issues.

Jurisdiction
Australia
Judgment Date
30 January 2020
Procedural Posture
Cross Claim / Post Primary Judgment, Threshold Issues on Alternative Relief
Outcome
Alternative claims dismissed; threshold issues determined adversely to cross-claimant; directions issued for orders and costs submissions.
Legal Topics
['constructive Trusts' 'equitable Estoppel' 'alternative Claims' 'common Intention Constructive Trust' 'joint Endeavour Constructive Trust' 'equitable Damages' 'equitable Charge or Lien' 'pleadings' 'threshold Issues' 'notice' 'directions']
['equity'] ['constructive Trusts' 'equitable Estoppel' 'alternative Claims' 'common Intention Constructive Trust' 'joint Endeavour Constructive Trust' 'equitable Damages' 'equitable Charge or Lien' 'pleadings' 'threshold Issues' 'notice' 'directions']

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Procedural Posture

Cross Claim / Post Primary Judgment, Threshold Issues on Alternative Relief

Legal Issues

  1. 1 ['Whether the alternative claims based upon a common intention constructive trust or joint endeavour constructive trust were properly pleaded and supported by evidence' 'Whether leave should be granted to adduce fresh expert valuation evidence' 'Whether Michael Awad is entitled to alternative equitable relief (constructive trust, equitable lien, or damages)']

Ratio Decidendi

The alternative claims for relief (constructive trust, joint endeavour trust, equitable charge or lien) were not properly pleaded nor adequately supported by evidence, and were inconsistent with prior findings; leave to adduce expert valuation evidence was refused; the threshold issues were determined adversely to Michael Awad, and Nouhad was to have costs of the disposition of those issues.

Court Disposition

Alternative claims dismissed; threshold issues determined adversely to cross-claimant; directions issued for orders and costs submissions.

Orders

  • ['Counsel for Nouhad to provide short minutes of order reflecting the judgment and final disposition within 14 days.' 'In case of dispute as to form of orders: Nouhad to file submissions and evidence as to costs within 14 days; Michael to file alternative orders, submissions, and evidence within 28 days.']