Obeid v Lockley [2017] NSWCA 213

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Obeid v Lockley [2017] NSWCA 213 Hearing dates: 22 August 2017 Decision date: 22 August 2017 Before: Leeming JA Decision: Notice of motion filed 18 August 2017 dismissed with costs. Catchwords: PRACTICE – application to vacate hearing of appeal – fresh evidence – where fresh evidence not yet available – where fresh evidence may not be dispositive of appeal – where substantial parts of appeal independent of fresh evidence – application dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Felons (Civil Proceedings) Act 1981 (NSW) Independent Commission Against Corruption Act 1988 (NSW), s 40 Cases Cited: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Category: Procedural and other rulings Parties: Edward Moses Obeid, Snr (First Applicant) Moses Edward Obeid (Second Applicant) Paul Edward Obeid (Third Applicant) Edward Joseph Obeid, Jnr (Fourth Applicant) Grant Lockley (First Respondent) Paul Anthony Grainger (Second Respondent) Representation: Counsel: G Reynolds SC (Applicants) P Braham SC, R Scruby (First Respondent) S Patterson (Second Respondent)

Solicitors: Deutsch Partners (Applicants) Henry William Lawyers (First Respondent) Crown Solicitor's Office (Second Respondent) File Number(s): 2016/317346 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Division Citation: [2016] NSWSC 1376 Date of Decision: 27 September 2016 Before: Hammerschlag J File Number(s): 2015/201089