Linda Barel v Elie Barel

2025/00489414

CONTRACT – on 5 August 2022, the respondent (Mr Elie Barel) commenced proceedings seeking to recover moneys in the sum of $116,857.14 allegedly lent to his brother, the late Raphael Barel, and sister-in-law, the first appellant (Ms Linda Barel), pursuant to three oral agreements allegedly entered in February–March 2013 (the First Agreement), May–June 2014 (the Second Agreement) and February 2015 (the Third Agreement) (together, the Agreements) – Elie also sought the repayment of pre-existing debt in the sum of $36,975.6 he claimed was owed by his brother and sister-in-law prior to their entry into the Agreements – Elie alleged that it was a term of each Agreement that all of the advanced moneys would be repaid on the sale by Raphael and Linda of their home at Dover Heights, which was sold in December 2017, and that it was a term of each agreement that, on the sale of the Dover Heights property, the alleged pre-existing debt as at March 2013, would also be repaid – other than in respect of $20,500, there was no dispute that Elie transferred moneys, made payments or caused moneys to be provided to the appellants in the sums alleged in the period from March 2013 – the appellants denied that the payments from March 2013 constituted loans, and denied that there was any pre-existing debt owed as at March 2013 – the primary judge found that Elie advanced to the appellants: (1) $63,800 pursuant to the First Agreement; (2) $89,534.46 pursuant to the Second Agreement; and (3) $10,500 pursuant to the Third Agreement, and that the loan moneys were repayable on the sale of the Dover Heights property – the primary judge further found that there was no pre-existing debt owed by the appellants to Elie, and that Elie had not established that the Agreements extended to repayment of any alleged pre-existing debt – the primary judge entered judgment in favour of Elie in the sum of $103,834.46 plus pre-judgment interest – the primary judge ordered that $191,164.83 previously paid into court by Elie on 1 May 2025 continue to be held until the determination of any application by the appellants for those funds to remain in court or any appeal against the primary judge’s decision – whether the primary judge erred in finding that the parties entered into the Agreements, and in finding that the alleged loan moneys were made repayable on the sale of the Dover Heights property.

Barel v Barel [2025] NSWDC 571