Mahmoud v Sutherland [2012] NSWCA 280

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mahmoud v Sutherland [2012] NSWCA 280 Hearing dates: 3 September 2012 Decision date: 03 September 2012 Before: Beazley JA Decision: Notice of motion filed 24 August 2012 dismissed; Confirm that the hearing of the appeal is to proceed on 12 September 2012. [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.] Catchwords: PRACTICE AND PROCEDURE - Application to strike out notice of motion - Insufficient material to determine whether reasonable case made out - No tendency to cause prejudice, embarrassment or delay in appeal proceedings - Insufficient material to determine whether abuse of process - Uniform Civil Procedure Rules 2005, r 14.28. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Category: Interlocutory applications Parties: Tosson Mahmoud (Applicant) Vincent Sutherland (Respondent) Representation: Counsel: In person (Applicant) In person (Respondent) Solicitors: N/A (Applicant) N/A (Respondent) File Number(s): CA 2011/316382 Publication restriction: No Decision under appeal Date of Decision: 2011-05-06 00:00:00 Before: Knox DCJ File Number(s): DC 2009/327342