Malek Fahd Islamic School Limited v The Australian Federation of Islamic

[2017] NSWSC 1712

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Civil Procedure
2. › Pleadings
3. › No application to amend made
4. › Whether plaintiff should be permitted to advance case that goes beyond pleadings
1. Civil Procedure
2. › Pleadings
3. › Pleading material facts
4. › Whether case argued raises new material factual issues not pleaded
5. › Whether unconscionability case pleaded with sufficient precision
1. Equity
2. › Equitable remedies
3. › Equitable compensation
4. › Where plaintiff beneficiary entered into interest free loan with defendant fiduciary
5. › Duty not to procure plaintiff to enter into uncommercial agreement
6. › Whether it was in interests of plaintiff to enter loan
7. › Whether defendant breached fiduciary duties in being party to the loan
8. › Whether plaintiff entitled to claim interest on loan
1. Equity
2. › Equitable remedies
3. › Equitable compensation
4. › Where defendant breached fiduciary obligations in not offering plaintiff a discount for prepayment of rent
5. › Whether plaintiff entitled to compensation in respect of prepayment

Citation[2017] NSWSC 1712

CourtNSWSC

JurisdictionNew South Wales

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