Dalati v Brown [2020] NSWCA 322

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dalati v Brown [2020] NSWCA 322 Hearing dates: On the papers Decision date: 10 December 2020 Before: Basten JA; White JA Decision: Summons dismissed with costs. Catchwords: CIVIL PROCEDURE — leave to appeal – where proposed appeal turns upon findings of fact – where findings based on primary judge's assessment of credibility – no issue of principle or question of public importance – leave refused Legislation Cited: Supreme Court Act 1970 (NSW) s 101 Cases Cited: Be Financial Pty Ltd as trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Category: Principal judgment Parties: Mouin Junior Dalati (Applicant) Shereen Rifat Brown (Respondent) Representation: Counsel: A Moutasallem (Applicant) N Kirby (Respondent)

Solicitors: City Group Legal (Applicant) Fortis Law Group (Respondent) File Number(s): 2020/204299 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2020] NSWSC 783 Date of Decision: 30 June 2020 Before: Kunc J File Number(s): 2017/348147

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]