Mahommed v Unicomb [2021] NSWCA 108

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mahommed v Unicomb [2021] NSWCA 108 Hearing dates: On the papers Date of orders: 28 May 2021 Decision date: 28 May 2021 Before: Macfarlan JA; Payne JA Decision: (1) Extend the time for filing the summons seeking leave to appeal to the date upon which it was in fact filed. (2) Dismiss the summons with costs. Catchwords: CIVIL PROCEDURE — proceedings in Equity Division dismissed by first judge — application to second judge to set aside dismissal — application refused as in substance simply an attempt to reargue first decision — leave to appeal against second decision refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 91 Limitation Act 1969 (NSW) Supreme Court Act 1970 (NSW), s 101(2)(e) Uniform Civil Procedure Rules 2005 (NSW), rr 12.10, 36.16(3A) Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44 De Varda v Austin [2019] NSWCA 133 Mendonca v Tonna (No 3) [2020] NSWCA 332 Category: Principal judgment Parties: Peter Shah Mahommed (Applicant) Pamela Margaret Unicomb (First Respondent) Greenhills Securities Pty Limited (Second Respondent) Representation: Counsel: L Smits (sol) (Applicant) D Allen (First and Second Respondents)

Solicitors: Leonardus Smits Lawyers (Applicant) Kekatos Lawyers (First and Second Respondents) File Number(s): 2021/18226 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2020] NSWSC 1312 Date of Decision: 29 September 2020 Before: Parker J File Number(s): 2016/53923