Gabrielle v Abood (No 2) [2023] NSWCA 28

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gabrielle v Abood (No 2) [2023] NSWCA 28 Hearing dates: 21 February 2023 Date of orders: 21 February 2023 Decision date: 21 February 2023 Before: Bell CJ at [1] Kirk JA at [8] Adamson JA at [9] Decision: The application for an adjournment is dismissed with costs. Catchwords: APPEALS — Procedure — Adjournment — Application not supported by any evidence — Adjournment application dismissed with costs Category: Procedural rulings Parties: Chakib Carlo Gabrielle (Applicant) Rima Abood (First Respondent) Sean Magnus Wengel (Second Respondent) Michael Craig Brereton (Third Respondent) Representation: Counsel: D Allen (Applicant) N Kulkarni (First Respondent) D Radman (Second and Third Respondents)

Solicitors: Avondale Lawyers (Applicant) 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

[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.]