Bangladesh Islamic Centre of NSW Inc v Elzamtar [2021] NSWCA 198

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bangladesh Islamic Centre of NSW Inc v Elzamtar [2021] NSWCA 198 Hearing dates: 3 August 2021 Date of orders: 3 September 2021 Decision date: 03 September 2021 Before: Basten JA at [1]; Macfarlan JA at [2]; Payne JA at [60] Decision: (1) Grant leave to the appellant to file its Amended Notice of Appeal dated 29 June 2021. (2) Appeal dismissed with costs. Catchwords: APPEALS – application to receive further evidence – s 75A Supreme Court Act 1970 (NSW) – whether "special grounds" established – special grounds not established because the further evidence could have been obtained with reasonable diligence for use at the trial and there is no significant prospect that the outcome at first instance would have been different if that evidence had been led at first instance Legislation Cited: Limitation Act 1969 (NSW), s 54 Supreme Court Act 1970 (NSW), s 75A Cases Cited: Akins v National Australia Bank (1994) 34 NSWLR 155 Clone Pty Ltd v Players Pty Ltd (In Liq) (2018) 264 CR 165; [2018] HCA 12 McCann v Parsons (1954) 93 CLR 418; [1954] HCA 70 Searle v Commonwealth of Australia (2019) 100 NSWLR 55; [2019] NSWCA 127 Category: Principal judgment Parties: Bangladesh Islamic Centre of NSW Inc (Appellant) Mohamad Elzamtar (Respondent) Representation: Counsel: P Lonergan / R Wathukarage (Appellant) A Ahmad / S Grey (Respondent)