Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Ahmed v Ahmed [2023] NSWCA 45 Hearing dates: 16 March 2023 Date of orders: 22 March 2023 Decision date: 22 March 2023 Before: Ward P at [1]; Adamson JA at [32] Decision: 1. Extension of time for the filing of the summons for leave to appeal is granted.
2. Summons for leave to appeal dismissed with costs.
Catchwords: APPEALS – Leave to appeal – Evidence on application for leave – Where first instance proceedings to prevent lapse of caveat raised allegations of fraud – Where proceedings summarily dismissed at first instance
Legislation Cited: Civil Procedure Act 2005 (NSW), s 61(3)
Supreme Court Act 1970 (NSW), s 101(2)(l)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: AB v State of New South Wales [2014] NSWCA 243
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170; [1981] HCA 39
Ahmed v Ahmed [2022] NSWSC 1003
Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v Das [2012] NSWCA 164
Darrell Lea (Vic) Pty Ltd v Union Assurance Society of Australia Ltd [1969] VR 401
Donaldson v State of New South Wales [2020] NSWCA 329
House v The King (1936) 55 CLR 499
Johnson Tiles Pty Ltd v Esso Australia Ltd [2000] FCA 1572; (2000) 104 FCR 564
Minogue v Williams [2000] FCA 125; (2000) 60 ALD 366
BHP Petroleum Pty Ltd v Oil Basins Ltd [1985] VR 756
Niemann v Electronic Industries Ltd [1978] VR 431
Secretary, Dept of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206
TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] NSWCA 93
Category: Principal judgment Parties: Turan Ahmed (Applicant)
Ziynet Ahmed (Respondent)Representation: Counsel:
T Ahmed (self-represented)
File Number(s): 2022/00241730 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Equity Division
- Citation:
- Date of Decision:
- 26 July 2022
- Before:
- Hammerschlag CJ in Eq
- File Number(s):
- 2021/360890
JUDGMENT
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WARD P: By summons dated 29 September 2022, the applicant, Mr Turan Ahmed, seeks leave to appeal from orders made on 26 July 2022 by Hammerschlag CJ in Eq, summarily dismissing proceedings commenced by the applicant against his estranged sister, Ms Ziynet Ahmed (the respondent to the present application) (see Ahmed v Ahmed [2022] NSWSC 1003, the primary judgment). In those proceedings, the applicant was seeking an interim injunction to prevent the lapse of a caveat that had been lodged in his name over a property in Woy Woy, New South Wales, registered in the name of the respondent.
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The caveat in question, purporting to be lodged by the applicant (though the applicant contends that it was falsely lodged on the title to the property as part of an overarching fraud and conspiracy perpetrated on him by his sister, in collusion with various others including their late mother), claimed…
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- AGLC
- Ahmed v Ahmed [2023] NSWCA 45
- Case
- [2023] NSWCA 45
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the appellate court was whether to grant leave to appeal from the summary dismissal of the fraud allegations. This required the court to consider the evidence presented on the application for leave to appeal, in the context of the first instance proceedings that had been brought to prevent the lapse of a caveat and which had been summarily dismissed.
The Court granted an extension of time for the filing of the summons for leave to appeal. However, after considering the material before it, the Court dismissed the summons for leave to appeal, ordering that the applicant pay the respondent's costs.
Orders
Orders of the court
1. Extension of time for the filing of the summons for leave to appeal is granted.
2. Summons for leave to appeal dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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