Khaled El Sayed v Sayed El Hawach
Case
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[2014] NSWCA 259
•28 July 2014
Details
AGLC
Case
Decision Date
Khaled El Sayed v Sayed El Hawach [2014] NSWCA 259
[2014] NSWCA 259
28 July 2014
CaseChat Overview and Summary
In *Khaled El Sayed v Sayed El Hawach*, the appellant sought an extension of time to file a notice of appeal, having lodged it one day after the prescribed deadline. The respondent argued that the appeal was without merit, suggesting that an extension should not be granted. The matter came before Tobias AJA in the Court of Appeal of New South Wales.
The primary legal issue before the court was whether to grant an extension of time for the filing of the notice of appeal, considering the appellant's delay of one day and the respondent's contention that the appeal lacked merit. This required the court to weigh the appellant's reasons for the delay against the strength of the proposed appeal.
Tobias AJA granted the extension of time. The court's reasoning, though not detailed in the provided text, implicitly involved a consideration of the relatively minor delay and the potential for the appeal to have arguable grounds. The court ordered that time for the filing of the notice of appeal be extended up to and including 21 March 2014.
The primary legal issue before the court was whether to grant an extension of time for the filing of the notice of appeal, considering the appellant's delay of one day and the respondent's contention that the appeal lacked merit. This required the court to weigh the appellant's reasons for the delay against the strength of the proposed appeal.
Tobias AJA granted the extension of time. The court's reasoning, though not detailed in the provided text, implicitly involved a consideration of the relatively minor delay and the potential for the appeal to have arguable grounds. The court ordered that time for the filing of the notice of appeal be extended up to and including 21 March 2014.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Limitation Periods
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Procedural Fairness
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