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Ahmed v Ahmed [2023] NSWCA 45 — Leave To Appeal & Summary Dismissal — Barrister AI

Ahmed v Ahmed

[2023] NSWCA 45

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Evidence on application for leave
4. › Where first instance proceedings to prevent lapse of caveat raised allegations of fraud
5. › Where proceedings summarily dismissed at first instance
6. › Whether issue of principle, public importance or clear injustice demonstrated
7. › Supreme Court Act 1970 (NSW), s 101(2)(l)
1. Practice and Procedure
2. › Summary dismissal
3. › Refusal of adjournment
4. › Discretionary decision
5. › Whether House v The King error demonstrated
6. › Failure to file compliant pleading
7. › Failure to attend court
8. › Civil Procedure Act 2005 (NSW), s 61(3)

Quick Take

This case is a routine application of established principles governing leave to appeal from summary dismissal orders and does not change the law.

Case Details

Citation[2023] NSWCA 45

CourtNSWCA

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 2 later cases that cite this judgment.

1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by2

2024Hua Nan Trading Pty Ltd v The Owners – Strata Plan No 32396NSWCATAP 192
2023Moore v Commonwealth Director of Public ProsecutionsNSWCA 153

Relies on8

2022Turan Ahmed v Ziynet AhmedNSWSC 921
2020Donaldson v State of New South WalesNSWCA 329
2017Secretary, Department of Family and Community Services v SmithNSWCA 206
2012Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v DasNSWCA 164
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