Mhanna v Daoud [2014] NSWCA 376

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mhanna v Daoud [2014] NSWCA 376 Hearing dates: 30 October 2014 Decision date: 30 October 2014 Before: Meagher JA; Barrett JA Decision: Summons for leave to appeal 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: APPEAL - leave to appeal - District Court cross-claim dismissed for failure to comply with directions - such failure undisputed - judge also referred to District Court's lack of jurisdiction - cross-claimant aware for several months of contention that court lacked jurisdiction - no attempt to obtain transfer to a competent court - cross-claim in any event academic following judgment on substantive claim and other cross claims - no prospects of success in appeal against discretionary decision on a matter of practice and procedure Legislation Cited: Australian Securities and Investments Commission Act 2001 (Cth) Civil Procedure Act 2005 Contracts Review Act 1980 (NSW) Cases Cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Aon Risk Services Pty Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Greywolf Resources NL v Wilkinson [2011] NSWSC 1604 House v R [1936] HCA 40; 55 CLR 499 Minogue v Williams [2000] FCA 366; 60 ALD 125 State of New South Wales v Mulcahy [2006] NSWCA 303 Zhu v Yingle Culture Exchange (Australia) Pty Ltd [2012] NSWSC 1305 Texts Cited: George Spencer Bower and K R Handley, Res Judicata, Chapter 6 (4th ed 2009, Lexis Nexis) Category: Interlocutory applications Parties: John Mhanna (Applicant) Elias Daoud (First Respondent) Andrew Joseph Hanna (Second Respondent) Representation: Counsel: Mr R K Newton (Applicant) Mr D D Knoll (First Respondent) Solicitors: Diaz & Diaz (Applicant) Dib Lawyers (First Respondent) File Number(s): 2014/148667 Decision under appeal Date of Decision: 2013-11-22 00:00:00 Before: Curtis DCJ File Number(s): 2010/101370