Al Dakhili v Al Kheurallah [2023] NSWSC 47

Al Dakhili v Al Kheurallah [2023] NSWSC 47

The deed is binding and enforceable. The defendant is in breach of the deed's obligations (clause 10) by failing to cooperate and execute necessary documents for the assignment of the Hornsby lease. Specific performance is an appropriate remedy as damages are inadequate and no valid defence or discretionary bar exists; orders for assignment of lease documents are granted subject to a proffered undertaking by the plaintiff not to raise estoppel in possible future Blacktown litigation.

Parties
Plaintiff: Najah Hasan Dakhal Al Dakhili; First Defendant: Mohammad Al Kheurallah; Second Defendant: Jawad Al Ghadheeb; Third Defendant: Scissors Style Barber Pty Ltd
Jurisdiction
Australia
Judgment Date
08 February 2023
Procedural Posture
Specific Performance Proceedings / Final Judgment After Hearing
Outcome
Specific performance of deed granted in relation to assignment of Hornsby lease; consequential orders made; no order currently regarding resignation/transfer of shares.
Legal Topics
Specific Performance, Deeds, Assignment of Lease, Contract Interpretation, Civil Procedure, Adjournment, Procedural Fairness, Unrepresented Litigants, Interpreters
Equity Specific Performance Deeds Assignment of Lease Contract Interpretation Civil Procedure Adjournment Procedural Fairness +2 more

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Parties

Najah Hasan Dakhal Al Dakhili

Plaintiff

Mohammad Al Kheurallah

First Defendant

Jawad Al Ghadheeb

Second Defendant

Scissors Style Barber Pty Ltd

Third Defendant

Procedural Posture

Specific Performance Proceedings / Final Judgment After Hearing

Legal Issues

  1. 1 Is the deed binding and enforceable?
  2. 2 Is the deed unenforceable for failure to comply with clause 5?
  3. 3 Do clauses 10 and 13 of the deed require the defendant to cooperate to assign the Hornsby lease?

Ratio Decidendi

The deed is binding and enforceable. The defendant is in breach of the deed's obligations (clause 10) by failing to cooperate and execute necessary documents for the assignment of the Hornsby lease. Specific performance is an appropriate remedy as damages are inadequate and no valid defence or discretionary bar exists; orders for assignment of lease documents are granted subject to a proffered undertaking by the plaintiff not to raise estoppel in possible future Blacktown litigation.

Court Disposition

Specific performance of deed granted in relation to assignment of Hornsby lease; consequential orders made; no order currently regarding resignation/transfer of shares.

Orders

  • Deed to be specifically performed.
  • Defendant directed to execute Application for Consent to Assignment of Lease, Land Registry Transfer of Lease form 01TL, and Deed of Assignment within seven days.