Sarkis v Moussa [2012] NSWCA 357

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sarkis v Moussa [2012] NSWCA 357 Hearing dates: 30 October 2012 Decision date: 30 October 2012 Before: Barrett JA at [1], [24] and [28] Tobias AJA at [25] Ward J at [2] Decision: Application for review by Amended Notice of Motion filed 18 June 2012 be dismissed with costs. [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 for review pursuant to s 46(4) Supreme Court Act 1970 of decision of a Judge of Appeal dismissing summons for leave to appeal on the respondent's motion - applicant must demonstrate that there has been an error of principle in the exercise of the power or that the decision was plainly wrong - heavy burden to discharge - whether there was plainly an error in the construction of ss 58 and 60 of the Bankruptcy Act 1966 (Cth) - whether there was an error in principle in dismissing proceedings pursuant to rr 13.4 and 51.1 of the Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW) Local Court Act 2007 (NSW) Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aware Industries Ltd v Robinson [1997] FCA 571; 75 FCR 600 Baulkham Hills Shire Council v Stankovic [2009] NSWCA 281 Campbell v Metway Leasing Ltd [2001] FCA 1311; 188 ALR 100 Cummings v Claremont Petroleum [1996] HCA 19; 185 CLR 124 Daemar v Industrial Commission of New South Wales, (1988) 12 NSWLR 45 Kiri Te Kanawa v Leading Edge Events Australia Pty Ltd [2007] NSWCA 274 Lo v Iverarch [2009] NSWCA 92 Patrick v Howorth [2002] NSWCA 285 Rinehart v Welker [2011] NSWCA 403 Transglobal Capital Pty Ltd v Yolarno Pty Ltd [2004] NSWCA 136 Want v Moss (1889) 10 LR (NSW) 274 Wentworth v Wentworth (1994) 35 NSWLR 726 Texts Cited: Ritchies' Uniform Civil Procedure NSW Category: Principal judgment Parties: Toufic Laba Sarkis (Applicant) Mahmoud Moussa (Respondent) Representation: Counsel: In person (Applicant) M K Rollinson (Respondent) Solicitors: In person (Applicant) Benjamin & Khoury (Respondent) File Number(s): 10/292546 Decision under appeal Jurisdiction: 9003 Citation: [2012] NSWCA 136 Date of Decision: 2012-05-14 00:00:00 Before: Beazley JA File Number(s): 10/292546