Samimi v Djamshidi [2018] NSWSC 1944

Samimi v Djamshidi [2018] NSWSC 1944

The claim pleaded by the plaintiffs for equitable relief against an alleged 'underhand bargain' is misconceived as there is no transaction binding or affecting them nor need for equitable intervention where common law remedies are available. The claim is unsustainable and the proceedings should be summarily dismissed as against the second defendant.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Equity / Summary Dismissal Application
Outcome
Proceedings dismissed as against the second defendant
Legal Topics
['equitable Fraud' 'summary Dismissal' 'underhand Bargains']
['equity'] ['equitable Fraud' 'summary Dismissal' 'underhand Bargains']

Case Brief

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Procedural Posture

Equity / Summary Dismissal Application

Legal Issues

  1. 1 ["Whether the claim for equitable relief against an 'underhand bargain' is sustainable" 'Whether summary dismissal is appropriate as against the second defendant']

Ratio Decidendi

The claim pleaded by the plaintiffs for equitable relief against an alleged 'underhand bargain' is misconceived as there is no transaction binding or affecting them nor need for equitable intervention where common law remedies are available. The claim is unsustainable and the proceedings should be summarily dismissed as against the second defendant.

Court Disposition

Proceedings dismissed as against the second defendant

Orders

  • ['Order that the proceedings be dismissed as against the second defendant']