Sayed v National Australia Bank Limited [2019] NSWCA 238

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sayed v National Australia Bank Limited [2019] NSWCA 238 Hearing dates: 11 September 2019 Date of orders: 11 September 2019 Decision date: 11 September 2019 Before: Emmett AJA Decision: 1. Notice of Motion dated 11 September 2019 filed in proceedings 2019/204489 to be dismissed.

2. Application made ore tenus for interim order 1 and final order 3 of the summons filed 15 August 2019 in proceedings 2019/253854 to be dismissed. Catchwords: CIVIL PROCEDURE – application for stay of writ of possession, pending hearing of proceedings instituted in the Court of Appeal - whether cross-claim dismissed by McCallum J has any bearing on the question of whether there should be a stay of the writ of possession

LEAVE TO APPEAL – application for leave to file a notice of appeal out of time – whether there is any evidence that the respondent failed to produce material documents that would have caused the applicant to not have entered into the in-principle agreement – whether extension of time to appeal is likely to be granted by the Court of Appeal Category: Procedural and other rulings Parties: Bill Sayed (Applicant) National Australia Bank Limited (Respondent) Representation: Counsel: Bill Sayed (Applicant in person) G Lucarelli (Respondent)

Solicitors: Dentons Australia Pty Ltd (Respondent) File Number(s): 2019/204489 and 2019/253854 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2019] NSWSC 653 (2019/204489); and [2015] NSWSC 420 (2019/253854) Date of Decision: 25 June 2019 (2019/204489); and 16 April 2015 (2019/253854) Before: McCallum J (2019/204489); and Harrison AsJ (2019/253854) File Number(s): 2010/135614