El-Hanania v Vella (No 2) [2019] NSWCA 212

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: El-Hanania v Vella (No 2) [2019] NSWCA 212 Hearing dates: 19 August 2019 Date of orders: 19 August 2019 Decision date: 19 August 2019 Before: Brereton JA Decision: (1) Order that the proceedings be dismissed. (2) Order that the applicant pay the respondent's costs. (3) Direct that within 72 hours the respondent serve a sealed copy of these orders on the applicant and file an affidavit of service proving compliance with this direction. (4) Reserve leave to the applicant to set aside this order within seven (7) days after service of the said copy order. (5) Direct that orders (1) and (2) not take effect until the later of (a) 30 August 2019; or (b) if the applicant applies pursuant to the leave in order (4), determination of that application. Catchwords: CIVIL PROCEDURE – dismissal of proceedings – where order granting extension of time to appeal conditional – where conditions not met – where applicant fails to show cause to proceed Category: Consequential orders (other than Costs) Parties: Saba El-Hanania (Applicant) Alon Joseph Vella (First Respondent) District Court of NSW (Second Respondent) Robert Webley (Third Respondent) Michael Robinson (Fourth Respondent) Representation: Counsel: Mr P Tierney (First Respondent)

Solicitors: Saba El-Hanania Lawyers (Applicant) Rickards Whiteley (First Respondent) File Number(s): 2019/101284