Majeed v Mahmud [2013] NSWCA 52

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Majeed v Mahmud [2013] NSWCA 52 Hearing dates: 5 March 2013 Decision date: 05 March 2013 Before: Beazley JA; Meagher JA Decision: The summons for leave to appeal is dismissed. [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: DISMISSAL OF SUMMONS FOR LEAVE TO APPEAL - failure to serve in compliance with UCPR 2005, r 11.2 - no order for substituted service.

DISMISSAL OF SUMMONS FOR LEAVE TO APPEAL - refusal to stand over summons - insufficient prospects of success - vesting of proceedings of an undischarged bankrupt in bankruptcy trustee - absence of evidence of reasons for delay. Legislation Cited: Bankruptcy Act 1966 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Mohd Farok Abdul Majeed (Applicant) Onn Mahmud (Respondent) Representation: Counsel: In person (Applicant) No appearance (Respondent) Solicitors: In person (Applicant) File Number(s): 2013/28968 Publication restriction: No Decision under appeal Jurisdiction: 9111 Citation: Majeed v Mahmud [2008] NSWSC 309 Date of Decision: 2008-01-30 00:00:00 Before: Brereton J File Number(s): SC 5010/06; 4977/07