Nabil Nasr v Etihad Airways PJSC P/L
[2013] HCASL 187
NABIL NASR
v
ETIHAD AIRWAYS PJSC P/L & ANOR
[2013] HCASL 187
S138/2013
The applicant is the secretary of the second respondent company, Jireh Karalae Pty Ltd ("the company"). On 17 May 2011, on the application of the first respondent, the company was wound up in insolvency by a Registrar of the Supreme Court of New South Wales.
On 8 June 2011, the applicant filed an interlocutory process seeking to set aside the winding-up order made by the Registrar. The primary judge (White J) dismissed the application, finding that none of the grounds for setting aside a winding-up order under rr 36.15 and 36.16 of the Uniform Civil Procedure Rules 2005 (NSW) was engaged. White J held further, in any event, that it would be necessary for the company to prove that it was solvent, which the evidence did not establish.
The applicant sought leave to appeal to the Court of Appeal. On 2 April 2012, the Court of Appeal (Basten JA and Sackville AJA) dismissed the application. It held that the applicant raised no legitimate ground of appeal and that there was no evidence to indicate that the company was solvent.
The applicant now seeks special leave to appeal to the High Court. His application, filed on 11 July 2013, is accompanied by an affidavit sworn on 9 July 2013. The applicant has also filed a draft notice of appeal and a written case. None of that material raises any question of principle. Nor does it disclose any error in the judgment of the Court of Appeal. The applicant would enjoy no prospects of success in this Court.
The applicant requires a substantial enlargement of time within which to file his application for special leave to appeal. As there is no satisfactory explanation for the delay, and as the application would be dismissed in any event, an enlargement of time should not be granted.
Pursuant to r 41.10.5, we direct the Registrar to draw up, sign and seal an order dismissing the application.
V.M. Bell
3 December 2013S.J. Gageler
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