Nazzal v 1Quay Corp Pty Ltd & Anor [2022] NSWSC 742

Nazzal v 1Quay Corp Pty Ltd & Anor [2022] NSWSC 742

Mr Nazzal established the debt claim because the Deed and Amendment Deed recorded 1Quay's payment obligations and Mr Yassin's personal guarantee, and the Defendants failed to prove any defence displacing those obligations. The alleged duress was not established on the balance of probabilities having regard to s 140 of the Evidence Act 1995 (NSW), particularly because Mr Yassin's evidence was approached with caution, the alleged serious threats and violence were not sufficiently corroborated, and contemporaneous correspondence showed that he robustly negotiated and resisted terms in both deeds. The conflict, advice and guarantor-awareness defences were not established and did not identify...

Jurisdiction
Australia
Judgment Date
07 June 2022
Procedural Posture
Equity Proceedings Claiming Amounts Owing Under a Deed of Settlement and Release and an Amendment Deed / Principal Judgment After Hearing
Outcome
Plaintiff succeeded in his debt claim for $553,877.03 and failed in his claim for 50% of the Profits as defined. Defendants are jointly and severally liable for costs.
Legal Topics
['duress' 'illegitimate Pressure' 'deed of Settlement and Release' 'guarantee' 'debt Claim' 'account of Profits' 'civil Standard of Proof']
['contracts' 'equity' 'evidence'] ['duress' 'illegitimate Pressure' 'deed of Settlement and Release' 'guarantee' 'debt Claim' 'account of Profits' 'civil Standard of Proof']

Case Brief

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Procedural Posture

Equity Proceedings Claiming Amounts Owing Under a Deed of Settlement and Release and an Amendment Deed / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether 1Quay Corp Pty Ltd and Mr Yassin were liable to Mr Nazzal for the amount claimed under the Deed and Amendment Deed.' 'Whether the Deed and Amendment Deed were unenforceable because Mr Yassin signed them under duress arising from alleged threats and violence by Mr Nazzal or his agents.' 'Whether Mr Yassin was unaware that he was personally liable as guarantor under the Deed and Amendment Deed.' 'Whether an alleged conflict of interest involving solicitors affected enforceability of the Deed or Amendment Deed against the Defendants.' 'Whether Mr Nazzal established an entitlement to 50% of the Profits as defined in the Deed.']

Ratio Decidendi

Mr Nazzal established the debt claim because the Deed and Amendment Deed recorded 1Quay's payment obligations and Mr Yassin's personal guarantee, and the Defendants failed to prove any defence displacing those obligations. The alleged duress was not established on the balance of probabilities having regard to s 140 of the Evidence Act 1995 (NSW), particularly because Mr Yassin's evidence was approached with caution, the alleged serious threats and violence were not sufficiently corroborated, and contemporaneous correspondence showed that he robustly negotiated and resisted terms in both deeds. The conflict, advice and guarantor-awareness defences were not established and did not identify...

Court Disposition

Plaintiff succeeded in his debt claim for $553,877.03 and failed in his claim for 50% of the Profits as defined. Defendants are jointly and severally liable for costs.

Orders

  • ['Plaintiff succeeds in his claim for the sum of $553,877.03.' 'Plaintiff fails in his claim for 50% of the Profits (as defined).' 'Defendants are jointly and severally liable for the costs of the proceedings.' 'Parties are to submit agreed short minutes of order or otherwise their respective draft short minutes of...