Amgad v Cairns [2022] NSWCA 256

Amgad v Cairns [2022] NSWCA 256

Leave to appeal was refused because the proposed appeal was devoid of merit, no adjournment basis was established, the claims were unsupported by evidence, covered by advocates' immunity, statute barred, and raised no issue of principle or public importance.

Parties
Applicant: Jamal Amgad; Respondent: Stephen William Cairns; Respondent's Solicitors: Turnbull Kasif Lawyers
Jurisdiction
Australia
Judgment Date
01 December 2022
Procedural Posture
Application for Leave to Appeal / Dismissal of Leave Application
Outcome
Application for leave to appeal dismissed
Legal Topics
Leave to Appeal, Adjournment, Advocates Immunity, Statute of Limitations
Civil Procedure Leave to Appeal Adjournment Advocates Immunity Statute of Limitations

Case Brief

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Parties

Jamal Amgad

Applicant

Stephen William Cairns

Respondent

Turnbull Kasif Lawyers

Respondent's Solicitors

Procedural Posture

Application for Leave to Appeal / Dismissal of Leave Application

Legal Issues

  1. 1 Whether leave to appeal should be granted from District Court decision
  2. 2 Whether adjournment should be allowed
  3. 3 Whether advocates' immunity applies

Ratio Decidendi

Leave to appeal was refused because the proposed appeal was devoid of merit, no adjournment basis was established, the claims were unsupported by evidence, covered by advocates' immunity, statute barred, and raised no issue of principle or public importance.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Summons seeking leave to appeal is dismissed