Nayla Ibrahim v Adly Mikhail Tanious & Ors [2007] NSWSC 515

Nayla Ibrahim v Adly Mikhail Tanious & Ors [2007] NSWSC 515

Plaintiff is not entitled to summary judgment due to issues of legal incapacity, irregular commencement of proceedings, and consent orders from 1991. No evidence of proper service and no application for appointment of tutor. Notice of motion dismissed.

Jurisdiction
Australia
Judgment Date
01 May 2007
Procedural Posture
Notice of Motion for Summary Judgment / Application Dismissed
Outcome
Notice of motion dismissed
Legal Topics
['summary Judgment' 'legal Incapacity' 'de Facto Relationships' 'consent Orders']
['civil Procedure' 'equity'] ['summary Judgment' 'legal Incapacity' 'de Facto Relationships' 'consent Orders']

Case Brief

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Procedural Posture

Notice of Motion for Summary Judgment / Application Dismissed

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to summary judgment' 'Regularity of proceedings given possible legal incapacity' 'Effect of previous consent orders from 1991' 'Service of notice of motion on defendants']

Ratio Decidendi

Plaintiff is not entitled to summary judgment due to issues of legal incapacity, irregular commencement of proceedings, and consent orders from 1991. No evidence of proper service and no application for appointment of tutor. Notice of motion dismissed.

Court Disposition

Notice of motion dismissed

Orders

  • ["Plaintiff's notice of motion of 27 March 2007 dismissed with no order as to costs." 'Exhibits may be returned.']