Awad v Awad [2019] NSWSC 385

Awad v Awad [2019] NSWSC 385

Michael Awad failed to establish on the balance of probabilities that a clear and binding promise was made and adopted by both Tony and Nouhad Awad such as to induce a personal equity enforceable against Nouhad; his account was not corroborated by reliable evidence, and the required level of proof for proprietary estoppel or constructive trust was not met. His primary claim was therefore refused.

Parties
Cross Claimant: Michael Awad; First Cross Defendant: Nouhad Awad by her tutor Zouha Habib; Second Cross Defendant: Arze Awad
Jurisdiction
Australia
Judgment Date
08 April 2019
Procedural Posture
Cross Claim / Judgment After Final Hearing of Primary Claim, Directions for Written Submissions on Alternative Relief
Outcome
Primary relief refused; directions made for submissions as to alternative relief; primary costs awarded to first cross-defendant; alternative relief reserved.
Legal Topics
Equitable Estoppel, Proprietary Estoppel, Constructive Trust, Promise to Transfer Property, Credibility of Witnesses, Remedies in Equity, Alternative Relief
Equity Property Law Equitable Estoppel Proprietary Estoppel Constructive Trust Promise to Transfer Property Credibility of Witnesses Remedies in Equity +1 more

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Parties

Michael Awad

Cross Claimant

Nouhad Awad by her tutor Zouha Habib

First Cross Defendant

Arze Awad

Second Cross Defendant

Procedural Posture

Cross Claim / Judgment After Final Hearing of Primary Claim, Directions for Written Submissions on Alternative Relief

Legal Issues

  1. 1 Whether a promise was made by Tony and Nouhad Awad to grant Michael Awad a beneficial interest in the property if he paid legal costs and renovation costs
  2. 2 Whether Michael Awad relied upon that promise to his detriment
  3. 3 Whether an equity enforceable against Nouhad Awad was established

Ratio Decidendi

Michael Awad failed to establish on the balance of probabilities that a clear and binding promise was made and adopted by both Tony and Nouhad Awad such as to induce a personal equity enforceable against Nouhad; his account was not corroborated by reliable evidence, and the required level of proof for proprietary estoppel or constructive trust was not met. His primary claim was therefore refused.

Court Disposition

Primary relief refused; directions made for submissions as to alternative relief; primary costs awarded to first cross-defendant; alternative relief reserved.

Orders

  • The first cross-defendant must bring in short minutes of order reflecting the judgment within seven days of publication.
  • The cross-claimant must file and serve any written submissions in relation to the alternative relief in prayers 3 and 4 within 14 days of publication; any application to adduce evidence or for an oral hearing must accompany such submissions with supporting material.