Eid, Oygur, Eid and Tarabay as trustees for the E and T Superfund v Dabboussi [2024] NSWSC 907

Eid, Oygur, Eid and Tarabay as trustees for the E and T Superfund v Dabboussi [2024] NSWSC 907

Judgment for claimed indebtedness is entered for each plaintiff against the defendant, but no declarations regarding security interests or entitlement to property proceeds are made because such matters are properly to be resolved in the pending Family Law Proceedings. Proceedings are otherwise stayed.

Jurisdiction
Australia
Judgment Date
29 July 2024
Procedural Posture
Equity / Post Consent Judgment Application; Principal Judgment; Proceedings Stayed
Outcome
Judgment for plaintiffs on debt claims; proceedings otherwise stayed
Legal Topics
['judgments and Orders' 'amending, Varying and Setting Aside' 'consent Orders' 'debt Claims' 'security Interests' 'cross Vesting' 'family Law Property Disputes']
['equity'] ['judgments and Orders' 'amending, Varying and Setting Aside' 'consent Orders' 'debt Claims' 'security Interests' 'cross Vesting' 'family Law Property Disputes']

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Procedural Posture

Equity / Post Consent Judgment Application; Principal Judgment; Proceedings Stayed

Legal Issues

  1. 1 ['Whether consent judgment should be entered as to indebtedness and security interests in property where related family law proceedings are pending' 'Whether declarations regarding security over property should be made where the Family Law Proceedings are unresolved']

Ratio Decidendi

Judgment for claimed indebtedness is entered for each plaintiff against the defendant, but no declarations regarding security interests or entitlement to property proceeds are made because such matters are properly to be resolved in the pending Family Law Proceedings. Proceedings are otherwise stayed.

Court Disposition

Judgment for plaintiffs on debt claims; proceedings otherwise stayed

Orders

  • ['Judgment for the first plaintiff against the defendant in the amount of $401,293.15' 'Judgment for the second plaintiff against the defendant in the amount of $267,979.20' 'Judgment for the third plaintiff against the defendant in the amount of $267,633.96' 'Stay the proceedings until further order of the Court']