El-Hanania v Vella [2019] NSWCA 167

El-Hanania v Vella [2019] NSWCA 167

Extension of time for judicial review was granted, conditional upon the applicant paying $212,765.37 into court and providing security for costs of $35,000, as the applicant’s case was fairly arguable and certain procedural errors existed, but delay and risk to the respondent justified protective conditions.

Parties
Applicant: Saba El-Hanania; First Respondent: Alon Joseph Vella
Jurisdiction
Australia
Judgment Date
10 July 2019
Procedural Posture
Judicial Review / Application for Extension of Time and Security for Costs
Outcome
Extension of time granted with conditions; respondent’s amended notice of motion dismissed; further orders for payment and security for costs imposed.
Legal Topics
Extension of Time, Security for Costs, Judicial Review, Costs Assessment
Civil Procedure Legal Profession Extension of Time Security for Costs Judicial Review Costs Assessment

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Parties

Saba El-Hanania

Applicant

Alon Joseph Vella

First Respondent

Procedural Posture

Judicial Review / Application for Extension of Time and Security for Costs

Legal Issues

  1. 1 Whether extension of time for filing the summons for judicial review should be granted
  2. 2 Whether security for costs should be ordered against the applicant

Ratio Decidendi

Extension of time for judicial review was granted, conditional upon the applicant paying $212,765.37 into court and providing security for costs of $35,000, as the applicant’s case was fairly arguable and certain procedural errors existed, but delay and risk to the respondent justified protective conditions.

Court Disposition

Extension of time granted with conditions; respondent’s amended notice of motion dismissed; further orders for payment and security for costs imposed.

Orders

  • Extend the time for filing of the Summons to 1 April 2019, subject to conditions.
  • Applicant to pay into Court the sum of $212,765.37 to abide the further order of the Court within 28 days.