Rizk v FA Constructions Australia Pty Ltd (No 2) [2016] NSWCA 203

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rizk v FA Constructions Australia Pty Ltd (No 2) [2016] NSWCA 203 Hearing dates: 9 August 2016 Decision date: 09 August 2016 Before: Basten JA at [1]; [19] Sackville AJA at [18] Decision: The motion seeking an extension of time within which to file the summons seeking leave to appeal is dismissed. Catchwords: APPEAL – application for extension of time to seek leave to appeal – lengthy delay – absence of satisfactory explanation – lack of merit of proposed appeal – small amount in issue Legislation Cited: Civil Liability Act 2002 (NSW), s 5B Cases Cited: Jackamarra v Krakouer (1998) 195 CLR 516; [1998] HCA 27 Rizk v FA Constructions Australia Pty Ltd [2016] NSWCA 155 Tomko v Palasty (No 2) (2007) 71 NSWLR 61; [2007] NSWCA 369 Category: Principal judgment Parties: Mr Moussa Rizk (Applicant) FA Constructions Australia Pty Ltd (Respondent) Representation: Counsel: Applicant in person Mr N Polin SC (Respondent)

Solicitors: Moray & Agnew (Respondent) File Number(s): 2016/28148 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Date of Decision: 25 July 2014 Before: Letherbarrow SC DCJ File Number(s): 2012/300673

[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.]