Arraj v Al-daqaq and Naami [2023] NSWDC 9

Arraj v Al-daqaq and Naami [2023] NSWDC 9

A series of advances made by the plaintiff personally to or at the request of the defendants, with an expectation of repayment, constituted a contract of loan. The evidence, including contemporaneous communications and the defendants' express acknowledgment, established the character of the transactions as loans recoverable as a debt by the plaintiff against the defendants.

Jurisdiction
Australia
Judgment Date
03 February 2023
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
['loan Agreements' 'construction Loans' 'debt Recovery']
['contract'] ['loan Agreements' 'construction Loans' 'debt Recovery']

Case Brief

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether advances made by the plaintiff to the defendants constituted a contract of loan recoverable as a debt.' 'Whether the funds advanced were loans by the plaintiff personally or by a third party (Riggy & Boo or SDA).']

Ratio Decidendi

A series of advances made by the plaintiff personally to or at the request of the defendants, with an expectation of repayment, constituted a contract of loan. The evidence, including contemporaneous communications and the defendants' express acknowledgment, established the character of the transactions as loans recoverable as a debt by the plaintiff against the defendants.

Court Disposition

Judgment for the plaintiff.

Orders

  • ['Judgment and verdict for the plaintiff against the defendants in the sum of $195,857.74.' 'Interest thereon at the rates pertaining from time to time pursuant to s 100 of the Civil Procedure Act.' "The defendants pay the plaintiff's costs."]