NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Baba v Sheehan [2020] NSWCA 361 Hearing dates: 20 November 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Before: Brereton JA at [1] & [11] Emmett AJA at [7] Simpson AJA at [10] Decision: Application for leave to amend the Notice of Appeal be refused. Catchwords: CIVIL PROCEDURE – Court of Appeal – Application for leave to amend notice of appeal to add additional ground alleging invalid appointment of trustee – Where issue not raised before primary judge – Where no practical utility in agitating ground in circumstances where validity of subsequent appointment of same trustee unchallenged – Where application not made until day of hearing – Leave refused Category: Procedural rulings Parties: Anna Monica Baba (first appellant) Mustafa Sedat Baba (second appellant)
Paul Sheehan (first respondent) Rijalu Pty Ltd (second respondent) Smart Street Optical Pty Limited (third respondent) Silktote Pty Limited (fourth respondent) Representation: Counsel: Phillip James Beazley (solicitor) (appellants) Ireland QC (solicitor) (respondents)
Solicitors: Beazley Lawyers (appellants) McGirr Lawyers (respondents) File Number(s): 2019/323678 Decision under appeal Court or tribunal: NSW Supreme Court Jurisdiction: Equity Division – Corporations List Citation: [2019] NSWSC 1281 Date of Decision: 26 September 2019 Before: Parker J File Number(s): 2017/252703
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