Mansour v Jamil

The appeal concerned a dispute between Mr Mansour and Mrs Jamil regarding a licence for value over real property. The matter came before the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the primary judge had erred in finding that Mrs Jamil had established her entitlement to possession of the property, and whether the weight of evidence supported this conclusion on the balance of probabilities. Procedural fairness was also a consideration in the appeal.

The Court of Appeal dismissed the appeal, finding no error in the primary judge's decision. The Court applied principles relating to the weight of evidence and the balance of probabilities in assessing the parties' respective claims. The Court also considered the nature of a licence for value in its reasoning.

The appeal was dismissed with costs, including the costs of an application for a stay. The stay previously granted was discharged, but this did not affect payments made or liabilities incurred under the stay conditions. Mrs Jamil was granted leave to issue a writ of possession, which would be enforceable after twenty-eight days.