NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ibrahim v Ayoubi [2013] NSWCA 405 Hearing dates: 22 November 2013 Decision date: 05 December 2013 Before: Emmett JA, Sackville AJA Decision: The application for an extension of time in which to file the application for leave to appeal is refused. [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 - orders made in defendant's absence - primary Judge refuses to set aside orders - application for an extension of time to file an application for leave to appeal - sufficiency of explanation for defendant's absence - no arguable defence shown - no question of principle Legislation Cited: Civil Procedure Act 2005, s 56 Supreme Court Act 1970, s 101(2)
Uniform Civil Procedure Rules 2005, rr 29.7, 51.10 Cases Cited: Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 Vacuum Oil Co Pty Ltd v Stockdale (1942) 42 SR (NSW) 239 Category: Principal judgment Parties: Michael Ibrahim (First Applicant) Fatat Faleh (Second Applicant) Jihad Ayoubi (First Respondent) Sanna Ayoubi (Second Respondent) Representation: Counsel:
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