Peter A. Simon Real Estate Pty. Ltd. v. Ghabash & Ors; Chung & Anor. v. Ghabash (No.2) [2005] NSWCA 18

Peter A. Simon Real Estate Pty. Ltd. v. Ghabash & Ors; Chung & Anor. v. Ghabash (No.2) [2005] NSWCA 18

Mr. Ghabash failed to make out the elements of a cause of action against PAS, and PAS is entitled to costs and restitution as a consequence.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 February 2005
Procedural Posture
Appeal / Post Judgment Orders
Outcome
orders made in favour of PAS; Mr. Ghabash to pay costs and repay money
Legal Topics
['costs' 'restitution' 'appeals']
['civil Procedure'] ['costs' 'restitution' 'appeals']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment Orders

Legal Issues

  1. 1 ['Entitlement to costs following appeal' 'Order for return of money paid']

Ratio Decidendi

Mr. Ghabash failed to make out the elements of a cause of action against PAS, and PAS is entitled to costs and restitution as a consequence.

Court Disposition

orders made in favour of PAS; Mr. Ghabash to pay costs and repay money

Orders

  • ["Mr. Ghabash to pay PAS's costs of the proceedings." 'Mr. Ghabash to repay PAS $164,202.30 plus interest at Supreme Court rates from 16 April 2004.']