Hamod v Diab [2011] NSWCA 205

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hamod v Diab [2011] NSWCA 205 Hearing dates: 21 July 2011 Decision date: 21 July 2011 Before: Beazley JA Giles JA Whealy JA Decision: 1. Summons for leave to appeal dismissed; 2. The applicant is to pay the first respondent's costs of the summons for leave to appeal; 3. The Court makes no order as to the costs of the State, who was joined this morning as a second respondent to the application and in circumstances where the State made a submitting appearance save as for costs and did not take part in the argument on the leave application. [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.] Category: Interlocutory applications Parties: Anthony Hamod (Applicant) Simon Diab (First Respondent) State of New South Wales (Second Respondent) Representation: A Smith (Applicant) R McKeand SC (First Respondent) M Maconachie (Second Respondent) John Stonham & Co Lawyers (Applicant) Simon Diab & Associates (First Respondent) I V Knight Crown Solicitor (Second Respondent) File Number(s): 2008/289135 Decision under appeal Date of Decision: 2010-07-01 00:00:00 Before: Harrison J