Khaled El Sayed v Sayed El Hawach [2014] NSWCA 259

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Khaled El Sayed v Sayed El Hawach [2014] NSWCA 259 Hearing dates: 28 July 2014 Decision date: 28 July 2014 Before: Tobias AJA Decision: 1. Extend time for the filing of the notice of appeal up to and including 21 March 2014. [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 - extension of time for filing notice of appeal - notice of appeal filed one day out of time - whether the appeal is totally without merit Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Pt 51 r 9(1)(b) Category: Consequential orders Parties: Khaled El Sayed (First Appellant) M E Assett Investments Pty Ltd (Second Appellant) Sayed El Hawach (First Respondent) Victoria Lahoud (Second Respondent) Brady Street Developments Pty Ltd (Third Respondent) Representation: Counsel: Mr WR Chan (Appellants) Mr T Rickard (First Respondent) Mr R Horsley (Second and Third Respondents) Solicitors: Clamenz Evans Ellis Lawyers (Appellants) Wehbe & Co (First Respondent) Horowitz & Bilinski (Second and Third Respondents) File Number(s): 2013/15760 Publication restriction: None Decision under appeal Jurisdiction: 9111 Citation: Brady Street Developments Pty Ltd v M E Asset Investments Pty Ltd [2013] NSWSC 1755 Date of Decision: 2013-12-20 00:00:00 Before: Pembroke J File Number(s): 2012/266799