Ekermawi v Harbour Radio Pty Ltd

The applicant, Ekermawi, sought leave to appeal to the Court of Appeal of New South Wales against a decision of the Supreme Court. The underlying dispute concerned an application to set aside a default judgment obtained by Harbour Radio Pty Ltd. The applicant had initially sought to appeal a decision of the Administrative Decisions Tribunal Appeal Panel, which had refused to extend the time for him to appeal from a decision of the Administrative Decisions Tribunal.

The primary legal issues before the Court of Appeal were whether the Supreme Court had erred in refusing to set aside the default judgment, and whether the Supreme Court had erred in refusing to grant leave to appeal against the Administrative Decisions Tribunal Appeal Panel's decision. In relation to the Supreme Court's refusal to set aside the default judgment, the Court was required to consider whether the applicant had demonstrated a sufficiently arguable case that the discretion to enter default judgment had been exercised incorrectly.

The Court of Appeal found that the applicant had not established a sufficiently arguable case that the discretion to enter default judgment had been exercised incorrectly. Furthermore, the Court determined that there was no sufficiently arguable case that the Administrative Decisions Tribunal Appeal Panel had exercised its discretion incorrectly in refusing to extend time to appeal. The Court also noted that the applicant had failed to bring his appeal in the appropriate court, referencing section 51 of the *Supreme Court Act 1970* (NSW).

Consequently, the summons for leave to appeal was dismissed with costs.