Eshow v Zaia [2020] NSWCA 10

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Eshow v Zaia [2020] NSWCA 10 Hearing dates: 10 February 2020 Date of orders: 17 February 2020 Decision date: 17 February 2020 Before: Bell P at [1]; Macfarlan JA at [2]; White JA at [22] Decision: (1) Refuse the appellant extensions of time to file Notices of Appeal challenging the judgments of McCallum J and Fagan J of 15 November 2017 and 19 June 2019 respectively. (2) Dismiss the appellant's Amended Notice of Appeal on the basis that it was filed out of time. (3) Order the appellant to pay the respondent's costs of the proceedings on appeal. Catchwords: APPEAL – extensions of time to file Notices of Appeal refused – no arguable basis for appeals from judgments awarding damages for defamation and finding contempt for breach of injunction against further publication – whether sealed copy of orders required to be served for purposes of contempt proceedings Legislation Cited: Australian Constitution Defamation Act 2005 (NSW) Evidence Act 1995 (NSW), ss 140, 141 Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Amalgamated Television Services Pty Ltd v Marsden (2001) 122 A Crim R 166; [2001] NSWCA 32 Australian Securities and Investments Commission v Sigalla (No. 4) (2011) 80 NSWLR 113; [2011] NSWSC 62 Burns v Corbett (2018) 92 ALJR 423; [2018] HCA 15 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 National Australia Bank (NAB) Ltd v Juric [2001] VSC 375 Witham v Holloway (1995) 183 CLR 525; [1995] HCA 3 Category: Principal judgment Parties: Sargon Eshow (Appellant) Mar Meelis Zaia (Respondent) Representation: Counsel: Self-represented Appellant M Richardson / B Dean (Respondent)