El-Cheikh v Miraki (No 2) [2022] NSWCA 6

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: El-Cheikh v Miraki (No 2) [2022] NSWCA 6 Hearing dates: On the papers Decision date: 07 February 2022 Before: Bathurst CJ; Basten JA; Emmett AJA Decision: Motion dismissed with costs. Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside – Court of Appeal – motion seeking variation of final orders – where judgment left open a number of outstanding issues – whether outstanding issues need to be determined by a judge of the Equity Division Cases Cited: El-Cheikh v Miraki [2021] NSWCA 271 Category: Procedural rulings Parties: Omar El-Cheikh (First Appellant) El-Cheikh Group Pty Ltd (CAN 614 664 158) (Second Appellant) Sepideh Miraki (First Respondent) Iconic Constructions Australia Pty Ltd (CAN 168 104 649) (Second Respondent) Representation: Counsel: M Condon SC (Appellants)

Solicitors: Cornwalls (Appellants) William Roberts Lawyers (Respondents) File Number(s): 2021/9403 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity – Real Property List Citation: [2020] NSWSC 1781 Date of Decision: 9 December 2020 Before: Kunc J File Number(s): 2017/156392

[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.]