Abeeda Khan (as Trustee for the Khan Family Trust) v Abdallah Hadid & Anor [2003] NSWSC 1191

Abeeda Khan (as Trustee for the Khan Family Trust) v Abdallah Hadid & Anor [2003] NSWSC 1191

There was no material capable of raising an inference of common law fraud by the plaintiff, her solicitor, or her agent; accordingly, there is no defence to the plaintiff's registered mortgage, and the plaintiff is entitled to judgment for possession and to issue a writ of possession. Defendants' cross-claim and defence are struck out.

Jurisdiction
Australia
Judgment Date
18 December 2003
Procedural Posture
Summary Judgment Application (ejectment/possession) / Final Judgment
Outcome
Plaintiff's application for summary judgment successful; defense and cross-claim struck out; judgment for possession for the plaintiff.
Legal Topics
['indefeasibility of Title' 'forgery and Registration of Mortgage' 'relief Under Contracts Review Act' 'summary Judgment']
['property Law' 'contract Law' 'civil Procedure'] ['indefeasibility of Title' 'forgery and Registration of Mortgage' 'relief Under Contracts Review Act' 'summary Judgment']

Case Brief

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Procedural Posture

Summary Judgment Application (ejectment/possession) / Final Judgment

Legal Issues

  1. 1 ['Whether plaintiff entitled to possession based on registered mortgage' 'Whether registration of mortgage is defeasible due to alleged fraud' 'Whether defendants entitled to relief under Contracts Review Act 1980 (NSW) on grounds of fraud or unjust contract']

Ratio Decidendi

There was no material capable of raising an inference of common law fraud by the plaintiff, her solicitor, or her agent; accordingly, there is no defence to the plaintiff's registered mortgage, and the plaintiff is entitled to judgment for possession and to issue a writ of possession. Defendants' cross-claim and defence are struck out.

Court Disposition

Plaintiff's application for summary judgment successful; defense and cross-claim struck out; judgment for possession for the plaintiff.

Orders

  • ['Judgment for possession in favour of the plaintiff.' 'Plaintiff has leave to issue a writ of possession 28 days from the judgment date.' "Defendants to pay the plaintiff's costs of the motion."]