This is not a case directly relevant to childcare regulation but does involve a person (Magdy Awad) who previously operated an unapproved childcare service from the property the subject of this case, see the Victorian Regulator's website and news report for further information).
In this case Magdy Awad (also known as Michael Awad) appealed to the Victorian Supreme Court against orders made by the Magistrate's Court in November 2017. The orders required the Appellant (Magdy Awad) to pay Australian Sales & Leasing Pty Ltd, the Respondent, the sum of $47,040, together with interest of $8,058.66, with costs to be agreed between the parties; failing which there was liberty to apply. The Appellants appeal failed as the Court determined that the Respondent had complied with the conditions of its Exclusive Commercial Leasing Authority with the Appellant and therefore was entitled to the commission. The Authority provided that the Appellant agreed to appoint the Respondent on an exclusive basis for a period of 14 days (from 16 to 30 September 2015) to lease the property at 84 Olympic Parade, Kangaroo Flat, and to sell the Appellant’s plant and equipment located at the property.
The appellant has also been involved in other litigation, in relation to the property, in the Supreme Court.
In this case Magdy Awad (also known as Michael Awad) appealed to the Victorian Supreme Court against orders made by the Magistrate's Court in November 2017. The orders required the Appellant (Magdy Awad) to pay Australian Sales & Leasing Pty Ltd, the Respondent, the sum of $47,040, together with interest of $8,058.66, with costs to be agreed between the parties; failing which there was liberty to apply. The Appellants appeal failed as the Court determined that the Respondent had complied with the conditions of its Exclusive Commercial Leasing Authority with the Appellant and therefore was entitled to the commission. The Authority provided that the Appellant agreed to appoint the Respondent on an exclusive basis for a period of 14 days (from 16 to 30 September 2015) to lease the property at 84 Olympic Parade, Kangaroo Flat, and to sell the Appellant’s plant and equipment located at the property.
The appellant has also been involved in other litigation, in relation to the property, in the Supreme Court.
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