Miraki v El-Cheikh [2022] FCA 1570

Miraki v El-Cheikh [2022] FCA 1570

Leave to appeal was refused because the decision to set aside the consent orders was not attended with sufficient doubt and no substantial injustice would result from refusal; the orders simply preserved the status quo of funds pending resolution of underlying disputes, and the applicant failed to establish requisite grounds for leave.

Parties
Applicant: Sepideh Miraki; First Respondent: Omar El-Cheikh; Second Respondent: Deputy Commissioner of Taxation
Jurisdiction
Australia
Judgment Date
22 December 2022
Procedural Posture
Application for Extension of Time and Leave to Appeal / Interlocutory Application for Extension of Time and Leave to Appeal From Interlocutory Orders
Outcome
Leave granted to extend time; application for leave to appeal dismissed with costs.
Legal Topics
Leave to Appeal, Extension of Time, Interlocutory Orders, Freezing Orders, Payment of Moneys Out of Court, Jurisdiction, Setting Aside Consent Orders
Practice and Procedure Taxation Leave to Appeal Extension of Time Interlocutory Orders Freezing Orders Payment of Moneys Out of Court Jurisdiction +1 more

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Parties

Sepideh Miraki

Applicant

Omar El-Cheikh

First Respondent

Deputy Commissioner of Taxation

Second Respondent

Procedural Posture

Application for Extension of Time and Leave to Appeal / Interlocutory Application for Extension of Time and Leave to Appeal From Interlocutory Orders

Legal Issues

  1. 1 Whether leave should be granted to extend time to seek leave to appeal
  2. 2 Whether leave to appeal should be granted from orders setting aside consent orders for payment out of court
  3. 3 Whether the primary judge’s decision was attended with sufficient doubt

Ratio Decidendi

Leave to appeal was refused because the decision to set aside the consent orders was not attended with sufficient doubt and no substantial injustice would result from refusal; the orders simply preserved the status quo of funds pending resolution of underlying disputes, and the applicant failed to establish requisite grounds for leave.

Court Disposition

Leave granted to extend time; application for leave to appeal dismissed with costs.

Orders

  • Leave be granted to extend the time for filing of the application for leave to appeal.
  • The application for leave to appeal be dismissed with costs.