Sayed v National Australia Bank Limited [2020] NSWCA 177

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sayed v National Australia Bank Limited [2020] NSWCA 177 Hearing dates: 4 August 2020 Date of orders: 4 August 2020 Decision date: 04 August 2020 Before: Emmett AJA Decision: 1. The summons dated 15 August 2019 in proceedings 2019/253854 be dismissed. 2. The applicant on the summons referred to in Order 1 pay the costs of the respondents. 3. Any question of varying the order for costs to seek a gross lump sum costs order be reserved to the respondents, any such application to be made within 14 days. 4. The notice of motion filed 29 June 2020 in proceedings 2019/253854 be dismissed. 5. The costs of the notice of motion referred to in Order 4 be the costs of the parties in proceedings 2019/253854. 6. Each of the parties to notify the other in writing, with a copy to associate to Emmett AJA, the evidence intended to be relied upon in support of or in opposition to the motion filed on 25 May 2020 in proceedings 2019/204489 by no later than 4pm on 5 August 2020, and the parties to indicate by 9am on 6 August 2020 any objections to any of that evidence. Catchwords: CIVIL PROCEDURE — Time — Extension of time — Summons seeking leave to file a notice of appeal out of time CIVIL PROCEDURE — Notice of motion — Orders sought to restrain conduct that has already occurred Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 36.15(1) Cases Cited: Harrison v Schipp (2002) 54 NSWLR 612 Category: Procedural and other rulings Parties: Bill Sayed (Applicant) National Australia Bank Limited (First Respondent) Nicole Susan McArthur (Second Respondent) Representation: Counsel: Applicant in person G Lucarelli (First Respondent) C Dobbs (Second Respondent)