Ibrahim v Ayoubi

The New South Wales Court of Appeal considered an application for an extension of time to file an application for leave to appeal, following the primary judge's refusal to set aside orders made in the defendant's absence. The defendant, Ibrahim, sought to appeal against the primary judge's decision to uphold orders made against him when he was not present.

The central legal issues before the Court of Appeal were whether the defendant had provided a sufficient explanation for his absence from the original hearing and whether he had demonstrated an arguable defence to the claims made against him. The Court also considered whether the matter raised a question of principle that warranted appellate intervention.

The Court of Appeal found that the explanation offered for the defendant's absence was not sufficient to justify setting aside the original orders. Furthermore, the defendant failed to demonstrate that he had an arguable defence to the claims. Consequently, the Court concluded that there was no question of principle involved that would justify granting an extension of time.

Accordingly, the application for an extension of time in which to file the application for leave to appeal was refused.