Ahmed v Ahmed

[2023] NSWCA 45

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

Turan Ahmed v Ziynet Ahmed [2022] NSWSC 921

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:

[2022] NSWSC 1003

Date of Decision:

26 July 2022

Before:

Hammerschlag CJ in Eq

File Number(s):

2021/360890

JUDGMENT

1. 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.

2. 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…