Ibrahim v Ayoubi [2013] NSWCA 405

Ibrahim v Ayoubi [2013] NSWCA 405

The extension of time was refused because Mr Abraham gave no satisfactory explanation for the delay of over five months in filing the application for leave to appeal; his bipolar condition did not adequately explain either the prolonged delay or his repeated failures to appear; the proceedings concerned a relatively small sum and had already afforded opportunities to present his defence; and he had not shown that White J erred in concluding that he failed to establish an arguable defence on the merits.

Jurisdiction
Australia
Judgment Date
05 December 2013
Procedural Posture
Application for an Extension of Time in Which to File an Application for Leave to Appeal / Court of Appeal Application From an Interlocutory Judgment Refusing to Set Aside Orders Made in the Applicant's Absence
Outcome
The application for an extension of time in which to file the application for leave to appeal is refused.
Legal Topics
["orders Made in a Party's Absence" 'setting Aside Orders' 'extension of Time' 'leave to Appeal' 'natural Justice' 'arguable Defence' 'overriding Purpose']
['practice and Procedure' 'civil Procedure'] ["orders Made in a Party's Absence" 'setting Aside Orders' 'extension of Time' 'leave to Appeal' 'natural Justice' 'arguable Defence' 'overriding Purpose']

Case Brief

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Procedural Posture

Application for an Extension of Time in Which to File an Application for Leave to Appeal / Court of Appeal Application From an Interlocutory Judgment Refusing to Set Aside Orders Made in the Applicant's Absence

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time in which to file an application for leave to appeal.' 'Whether Mr Abraham gave a satisfactory explanation for his failure to file the application for leave to appeal within time.' "Whether Mr Abraham showed an arguable defence to Mr Ayoubi's claim sufficient to justify setting aside the judgment entered in his absence." "Whether White J erred in refusing to set aside the orders made by Gzell J in Mr Abraham's absence."]

Ratio Decidendi

The extension of time was refused because Mr Abraham gave no satisfactory explanation for the delay of over five months in filing the application for leave to appeal; his bipolar condition did not adequately explain either the prolonged delay or his repeated failures to appear; the proceedings concerned a relatively small sum and had already afforded opportunities to present his defence; and he had not shown that White J erred in concluding that he failed to establish an arguable defence on the merits.

Court Disposition

The application for an extension of time in which to file the application for leave to appeal is refused.

Orders

  • ['The application for an extension of time in which to file the application for leave to appeal is refused.' 'No order for costs in relation to the applications for an extension of time and for leave to appeal.']