Gabrielle v Abood (No 3) [2023] NSWCA 29

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gabrielle v Abood (No 3) [2023] NSWCA 29 Hearing dates: 21 February 2023 Date of orders: 23 February 2023 Decision date: 23 February 2023 Before: Bell CJ at [1] Kirk JA at [2] Adamson JA at [24] Decision: (1) Leave to appeal is refused. (2) The applicant is to pay the costs of the first to third respondents. Catchwords: APPEALS — Leave to appeal — Re decision to refuse application for an adjournment and consequent dismissal of cross-summons — Matter of practice and procedure — Decision reached not unreasonable or plainly unjust — No material consideration ignored — House v The King error not made out — Leave to appeal refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 56(1) Conveyancing Act 1919 (NSW), s 66G Cases Cited: Gabrielle v Abood [2022] NSWCA 250 Gabrielle v Abood (No 2) [2023] NSWCA 28 PPK Willoughby Pty Ltd v Baird [2019] NSWCA 48 T & H Pty Ltd v Nguyen [2022] NSWCA 180 Category: Principal judgment Parties: Chakib Carlo Gabrielle (Applicant) Rima Abood (First Respondent) Sean Magnus Wengel (Second Respondent) Michael Craig Brereton (Third Respondent) Representation: Advocates: N Kulkarni (First Respondent) D Radman (Second and Third Respondents)

Solicitors: Lane & O'Rourke Solicitors (First Respondent) Grace Lawyers (Second and Third Respondents) File Number(s): 2022/228004 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Equity Citation: [2022] NSWSC 912 Date of Decision: 8 July 2022 Before: Hammerschlag CJ in Eq File Number(s): 2021/233613