Khaled El Sayed v Sayed El Hawach (No 2) [2014] NSWCA 260

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Khaled El Sayed v Sayed El Hawach (No 2) [2014] NSWCA 260 Hearing dates: 28 July 2014 Decision date: 28 July 2014 Before: Tobias AJA Decision: 1. Amended notice of motion filed on 28 July 2014 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: PROCEDURE - security for costs - whether special circumstances are established - whether the appellant's case is inherently weak Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Pt 51 r 50 Cases Cited: Bell Wholesale Co Pty Ltd v Gates Export Corporation (No 2) (1984) 2 FCR 1 Golden Mile Property Investments Pty Ltd (in liquidation) v Cudgegong Australia Pty Ltd [2014] NSWCA 224 Lysmar Pty Ltd v Lee [2000] NSWSC 662 Preston v Harbour Pacific Underwriting Management Pty Ltd [2007] NSWCA 247 Category: Consequential orders Parties: Khaled El Sayed (First Appellant) ME 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 & Bilinsky (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