Paschalidis v Shamsizadeh [2017] NSWSC 1186

Paschalidis v Shamsizadeh [2017] NSWSC 1186

Leave to appeal out of time was refused because the delay was not adequately explained and, in any event, the proposed appeal was not reasonably or fairly arguable and had no prospects of success. The asserted complaints about courtroom conduct, alleged threats, and the interpreter were not sufficiently supported by evidence, were not raised before the Magistrate, and did not identify any error of law, denial of natural justice, or miscarriage of justice.

Jurisdiction
Australia
Judgment Date
19 January 2018
Procedural Posture
Civil Appeal From Local Court Decision / Application for Leave to Appeal Out of Time
Outcome
Leave to appeal out of time refused; summons dismissed; appellant ordered to pay the respondent's costs.
Legal Topics
['leave to Appeal Out of Time' 'procedural Fairness' 'natural Justice' 'open Justice' 'misrepresentation' 'rescission']
['civil Procedure' 'contract Law'] ['leave to Appeal Out of Time' 'procedural Fairness' 'natural Justice' 'open Justice' 'misrepresentation' 'rescission']

Case Brief

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Procedural Posture

Civil Appeal From Local Court Decision / Application for Leave to Appeal Out of Time

Legal Issues

  1. 1 ['Whether the appellant should be granted an extension of time to file a summons seeking leave to appeal from the Local Court decision.' 'Whether the appellant had a fairly arguable case that the Local Court proceedings involved procedural unfairness or miscarriage of justice due to courtroom conduct, alleged intimidation, alleged pre-trial threats, or use of an interpreter.' 'Whether any identified conduct of the Local Court or parties disclosed an error of law.']

Ratio Decidendi

Leave to appeal out of time was refused because the delay was not adequately explained and, in any event, the proposed appeal was not reasonably or fairly arguable and had no prospects of success. The asserted complaints about courtroom conduct, alleged threats, and the interpreter were not sufficiently supported by evidence, were not raised before the Magistrate, and did not identify any error of law, denial of natural justice, or miscarriage of justice.

Court Disposition

Leave to appeal out of time refused; summons dismissed; appellant ordered to pay the respondent's costs.

Orders

  • ['Leave to appeal out of time is refused.' 'Summons dismissed.' "The Appellant is to pay the Respondent's costs."]