Perpetual Trustees Victoria Ltd v El-Sayed [2010] NSWSC 783

New South Wales Supreme Court

CITATION : Perpetual Trustees Victoria Ltd v El-Sayed [2010] NSWSC 783 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 9 July 2010

JUDGMENT DATE : 16 July 2010

JURISDICTION : Common Law

JUDGMENT OF : Simpson J

DECISION : 1. The Notice of Motion is dismissed. 2. The defendants/cross-claimants are to pay the costs of the plaintiff and the cross-defendants.

CATCHWORDS : PROCEDURE – procedure under rules of court – motions – self-executing orders – failure to comply – UCPR 36.16 – application to set aside orders – history of disregard of and defiance of orders of Court – no basis for setting aside orders – motion dismissed

LEGISLATION CITED : Civil Procedure Act 2005 Uniform Civil Procedure Rules

CATEGORY : Procedural and other rulings

Perpetual Trustees Victoria Ltd (Plaintiff/First Cross-Defendant) Khaled El-Sayed (First Defendant/First Cross-Claimant) PARTIES : Kharyeih El-Sayed (Second Defendant/Second Cross-Claimant) George Karam (Second Cross-Defendant) Byblos Finance Pty Ltd (Third Cross-Defendant) Toufic Thomas Saadeldine Zreika (Fourth Cross-Defendant)

FILE NUMBER(S) : SC 2007/262074

P Newton (Plaintiff/First Cross-Defendant) COUNSEL : R McKeand (First and Second Defendants/First and Second Cross-Claimants) L Reid (Second and Third Cross-Defendants) J A Rose (Fourth Cross-Defendant)

Kemp Strang (Plaintiff/First Cross-Defendant) SOLICITORS : Simon Diab & Associates (First and Second Defendants/First and Second Cross-Claimants) Wotton & Kearney (Second and Third Cross-Defendants) Middletons (Fourth Cross-Defendant)