NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ahmed v Ahmed [2023] NSWCA 45 Hearing dates: 16 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Before: Ward P at [1]; Adamson JA at [32] Decision: 1. Extension of time for the filing of the summons for leave to appeal is granted. 2. Summons for leave to appeal dismissed with costs. Catchwords: APPEALS – Leave to appeal – Evidence on application for leave – Where first instance proceedings to prevent lapse of caveat raised allegations of fraud – Where proceedings summarily dismissed at first instance Legislation Cited: Civil Procedure Act 2005 (NSW), s 61(3) Supreme Court Act 1970 (NSW), s 101(2)(l) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: AB v State of New South Wales [2014] NSWCA 243 Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39 Ahmed v Ahmed [2022] NSWSC 1003 Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Darrell Lea (Vic) Pty Ltd v Union Assurance Society of Australia Ltd [1969] VR 401 Donaldson v State of New South Wales [2020] NSWCA 329 House v The King (1936) 55 CLR 499 Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572; (2000) 104 FCR 564 Minogue v Williams [2000] FCA 125; (2000) 60 ALD 366 BHP Petroleum Pty Ltd v Oil Basins Ltd [1985] VR 756 Niemann v Electronic Industries Ltd [1978] VR 431 Secretary, Dept of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93 Turan Ahmed v Ziynet Ahmed [2022] NSWSC 921 Category: Principal judgment Parties: Turan Ahmed (Applicant) Ziynet Ahmed (Respondent) Representation: Counsel: T Ahmed (self-represented) File Number(s): 2022/00241730 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2022] NSWSC 1003 Date of Decision: 26 July 2022 Before: Hammerschlag CJ in Eq File Number(s): 2021/360890
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