Eshow v Zaia [2020] NSWCA 10

Eshow v Zaia [2020] NSWCA 10

Extensions of time for filing appeals were refused because appellant failed to provide adequate explanation for delays and could not demonstrate any merit in the proposed appeals; Amended Notice of Appeal dismissed as out of time; no jurisdictional error or substantive error identified in challenged judgments; procedural requirements for serving orders and proving contempt were satisfied.

Parties
Appellant: Sargon Eshow; Respondent: Mar Meelis Zaia
Jurisdiction
Australia
Judgment Date
17 February 2020
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; extensions of time refused; costs awarded to respondent.
Legal Topics
Extensions of Time for Appeal, Defamation Damages, Contempt for Breach of Injunction, Service of Orders, Jurisdiction
Defamation Civil Procedure Contempt of Court Extensions of Time for Appeal Defamation Damages Contempt for Breach of Injunction Service of Orders Jurisdiction

Case Brief

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Parties

Sargon Eshow

Appellant

Mar Meelis Zaia

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether extensions of time to file appeals should be granted
  2. 2 Whether Supreme Court had jurisdiction given Burns v Corbett
  3. 3 Whether sealed copy of order was required to be served for contempt proceedings

Ratio Decidendi

Extensions of time for filing appeals were refused because appellant failed to provide adequate explanation for delays and could not demonstrate any merit in the proposed appeals; Amended Notice of Appeal dismissed as out of time; no jurisdictional error or substantive error identified in challenged judgments; procedural requirements for serving orders and proving contempt were satisfied.

Court Disposition

Appeal dismissed; extensions of time refused; costs awarded to respondent.

Orders

  • Refuse appellant extensions of time to file Notices of Appeal challenging the judgments of McCallum J and Fagan J of 15 November 2017 and 19 June 2019 respectively.
  • Dismiss appellant's Amended Notice of Appeal as filed out of time.