© 2026 Zoe. All rights reserved.
Zoe is a legal information platform. Always consult the Federal Register of Legislation for authoritative text.
[2017] NSWSC 1283
Supreme Court of NSW
2017-09-05
Sackar J
Original judgment source is linked above.
Judgment The proceedings Background facts Procedural history Legal principles The Bankruptcy Act 1966 (Cth) Intention to create legal relations Oral contracts Constructive trusts Estoppel by encouragement The Property (Relationships) Act 1984 (NSW) Credit Parties' submissions Standing The Alleged 1990 Agreement The Plaintiff's submissions The Defendant's submissions Relief sought The Plaintiff's submissions The Defendant's submissions Property (Relationships) Act claim The Plaintiff's submissions The Defendant's submissions Credit The evidence Overview of the evidence Evidence of the Plaintiff Evidence of Mr Rocco Ardino Evidence of Mr George Kanan Evidence of Dr Abdul Sam Qureshi Evidence of Mr Jimmy Kanan Evidence of Ms Joumana Rizko Evidence of Dr Brian Kurrle Evidence of Mr Emile Wakim Evidence of Mariette Wakim Evidence of Marie Kanan Evidence of the Defendant Evidence of Mr Raed Rahal Factual consideration (A) Context and substance of the alleged 1990 conversation (B) The documents following the Alleged 1990 Agreement (a) The Defendant's wills (b) The Plaintiff's government forms (c) The Plaintiff's Tadros Supreme Court Affidavit (d) The Police Statement of Brigitte Wakim (C) The alleged $202,000 consideration (i) Source of the alleged $202,000 consideration (a) Monies around the time of the Alleged 1990 Agreement (b) The $1,045,000 compensation monies in February 2004 (c) The $387,000 in January 2005 (d) The $8,500 in 2007 - 2008 (ii) Payment of the alleged $202,000 consideration (iii) Receipt of the alleged $202,000 consideration (D) Plaintiff's contributions beyond the alleged $202,000 consideration Conclusion on the evidence Legal consideration Standing Claim for specific performance, constructive trust or estoppel Claim under the Property (Relationships) Act Conclusion
The proceedings
Background facts
Procedural history
The Bankruptcy Act 1966 (Cth)
Intention to create legal relations
Oral contracts
Constructive trusts
Estoppel by encouragement
The Property (Relationships) Act 1984 (NSW)
Credit
Standing
The Plaintiff's submissions
The Defendant's submissions
The Plaintiff's submissions
The Defendant's submissions
The Plaintiff's submissions
The Defendant's submissions
Credit
The evidence
Overview of the evidence
Evidence of the Plaintiff
Evidence of Mr Rocco Ardino
Evidence of Mr George Kanan
Evidence of Dr Abdul Sam Qureshi
Evidence of Mr Jimmy Kanan
Evidence of Ms Joumana Rizko
Evidence of Dr Brian Kurrle
Evidence of Mr Emile Wakim
Evidence of Mariette Wakim
Evidence of Marie Kanan
Evidence of the Defendant
Evidence of Mr Raed Rahal
Factual consideration
(A) Context and substance of the alleged 1990 conversation
(B) The documents following the Alleged 1990 Agreement
(a) The Defendant's wills
(b) The Plaintiff's government forms
(c) The Plaintiff's Tadros Supreme Court Affidavit
(d) The Police Statement of Brigitte Wakim
(C) The alleged $202,000 consideration
(i) Source of the alleged $202,000 consideration
(a) Monies around the time of the Alleged 1990 Agreement
(b) The $1,045,000 compensation monies in February 2004
(c) The $387,000 in January 2005
(d) The $8,500 in 2007 - 2008
(ii) Payment of the alleged $202,000 consideration
(iii) Receipt of the alleged $202,000 consideration
(D) Plaintiff's contributions beyond the alleged $202,000 consideration
Conclusion on the evidence
Standing
Claim for specific performance, constructive trust or estoppel
Claim under the Property (Relationships) Act
Conclusion
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 22 September 2017
Elias George Wakim
Karime Wakim
(1987) 164 CLR 137
(1935) 52 CLR 713
(2011) 83 NSWLR 476
(2000) 103 FCR 1
(2010) 78 NSWLR 483
(2002) 209 CLR 95
(2003) 214 CLR 118
(1999) 196 CLR 101
(2006) 66 NSWLR 48
(1985) 160 CLR 583
(2015) 90 NSWLR 605
(1945) 71 CLR 531
(1988) 164 CLR 387
(1995) 49 NSWLR 315
(1988) 18 NSWLR 540
(1985) 2 NSWLR 309
(1940) 63 CLR 691
(1938) 60 CLR 336
(1965) 112 CLR 517
(1936) 55 CLR 499
(1997) 42 NSWLR 70
(1997) 21 Fam LR 760
(2001) 27 Fam LR 711
(2006) 34 Fam LR 550
[1954] HCA 72
[1936] HCA 40