Dabboussi v Akra [2020] NSWDC 364

Dabboussi v Akra [2020] NSWDC 364

The court accepted the evidence of Mr Dabboussi and Sheikh Omar as accurate and truthful, found that Sheikh Omar's evidence corroborated the plaintiff's version of the crucial conversations, and rejected Mr Akra's evidence as vague, evasive and lacking evidence of the actual conversations. The plaintiff proved that the oral agreement required Mr Akra to assign the $200,000 mosque debt and pay a further $600,000 by instalments. Because Mr Akra paid only $130,000 of the $600,000, the principal outstanding was $470,000, with interest, entitling the plaintiff to judgment for $554,699.25.

Jurisdiction
Australia
Judgment Date
15 July 2020
Procedural Posture
Civil Contract Claim Concerning an Alleged Oral Settlement Agreement Arising From a Restaurant Business Venture Dispute / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff against the defendant for $554,699.25, with the defendant to pay the plaintiff's costs.
Legal Topics
['oral Settlement Agreement' 'joint Venture' 'restaurant Businesses' 'proof of Spoken Words' 'witness Credibility' 'islamic Mediation']
['contract' 'evidence'] ['oral Settlement Agreement' 'joint Venture' 'restaurant Businesses' 'proof of Spoken Words' 'witness Credibility' 'islamic Mediation']

Case Brief

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Procedural Posture

Civil Contract Claim Concerning an Alleged Oral Settlement Agreement Arising From a Restaurant Business Venture Dispute / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the parties reached a binding oral agreement at the final mediation meeting at the Masjid Al Noor Mosque.' 'What the terms of the oral settlement agreement were, given the conflicting versions pleaded by the plaintiff and the defendant.' 'Whether the plaintiff proved the spoken words said to constitute the settlement agreement to the reasonable satisfaction of the court.' 'What weight should be given to the evidence of the plaintiff, the defendant and Sheikh Omar, and to the failure to call Mr Chamma.']

Ratio Decidendi

The court accepted the evidence of Mr Dabboussi and Sheikh Omar as accurate and truthful, found that Sheikh Omar's evidence corroborated the plaintiff's version of the crucial conversations, and rejected Mr Akra's evidence as vague, evasive and lacking evidence of the actual conversations. The plaintiff proved that the oral agreement required Mr Akra to assign the $200,000 mosque debt and pay a further $600,000 by instalments. Because Mr Akra paid only $130,000 of the $600,000, the principal outstanding was $470,000, with interest, entitling the plaintiff to judgment for $554,699.25.

Court Disposition

Judgment for the plaintiff against the defendant for $554,699.25, with the defendant to pay the plaintiff's costs.

Orders

  • ['Judgment for the plaintiff against the defendant for $554,699.25.' "Order the defendant to pay the plaintiff's costs."]