Daftar v Al-Khamisy (No 2) [2014] NSWDC 343

Daftar v Al-Khamisy (No 2) [2014] NSWDC 343

The Court rejected Mr Daftar's evidence on key issues and accepted Mr Al-Khamisy's account because it was corroborated by documents, receipts, bank deposits and other witnesses. The EFTPOS transactions were found to concern Mr Al-Khamisy's goods, the disputed gold was found to belong to Mr Al-Khamisy, and the home loan and other cash payments were found to have been made. After setting off amounts owed to Mr Daftar against credits due to Mr Al-Khamisy, Mr Al-Khamisy was entitled to judgment on the cross-claim with pre-judgment interest.

Jurisdiction
Australia
Judgment Date
04 August 2014
Procedural Posture
Civil Proceedings Concerning Sale of Business, Loans, EFTPOS Proceeds and Ownership of Jewellery and Gold / Principal Judgment
Outcome
Judgment for the defendant on the plaintiff's claim and judgment for the cross-claimant on the cross-claim in the sum of $307,863.75 inclusive of pre-judgment interest.
Legal Topics
['ownership of Goods Sold Using EFTPOS Machine' 'ownership of Gold' 'cash Repayments' 'repayment of Loans' 'sale of Jewellery Business' 'credit Findings' 'evidence Through Interpreter' 'pre Judgment Interest' 'costs']
['contract Law' 'sale of Business' 'personal Property' 'debt and Loans' 'evidence' 'civil Procedure'] ['ownership of Goods Sold Using EFTPOS Machine' 'ownership of Gold' 'cash Repayments' 'repayment of Loans' 'sale of Jewellery Business' 'credit Findings' 'evidence Through Interpreter' 'pre Judgment Interest' 'costs']

Case Brief

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Procedural Posture

Civil Proceedings Concerning Sale of Business, Loans, EFTPOS Proceeds and Ownership of Jewellery and Gold / Principal Judgment

Legal Issues

  1. 1 ["Whether the goods sold using Mr Daftar's EFTPOS machine belonged to Mr Daftar or Mr Al-Khamisy." 'Whether the gold taken to Thailand and Dubai belonged to Mr Daftar or Mr Al-Khamisy.' 'Whether cash payments alleged by Mr Al-Khamisy were made to Mr Daftar and discharged debts.']

Ratio Decidendi

The Court rejected Mr Daftar's evidence on key issues and accepted Mr Al-Khamisy's account because it was corroborated by documents, receipts, bank deposits and other witnesses. The EFTPOS transactions were found to concern Mr Al-Khamisy's goods, the disputed gold was found to belong to Mr Al-Khamisy, and the home loan and other cash payments were found to have been made. After setting off amounts owed to Mr Daftar against credits due to Mr Al-Khamisy, Mr Al-Khamisy was entitled to judgment on the cross-claim with pre-judgment interest.

Court Disposition

Judgment for the defendant on the plaintiff's claim and judgment for the cross-claimant on the cross-claim in the sum of $307,863.75 inclusive of pre-judgment interest.

Orders

  • ['Judgment in favour of the defendant, Firaass Al-Khamisy, in respect of the claim by Khalid Daftar.' 'Judgment in favour of the cross-claimant, Firaass Al-Khamisy, on his cross-claim against the cross-defendant, Khalid Daftar, in the sum of $307,863.75 inclusive of pre-judgment interest.' "Plaintiff to pay the...