Saberi v Bakhshizadeh

The plaintiff, Saberi, sought to appeal a decision of the primary court that had dismissed her proceedings against the defendant, Bakhshizadeh, due to her failure to provide security for costs. The appeal was heard in the Court of Appeal of the Supreme Court of New South Wales by Macfarlan and Kirk JJA.

The central legal issue before the Court of Appeal was whether the plaintiff was "ordinarily resident outside of Australia" within the meaning of rule 42.21(1)(a) of the Uniform Civil Procedure Rules 2005 (NSW), which would have justified the primary court's order for security for costs. The plaintiff also sought leave to appeal the dismissal of her proceedings.

The Court of Appeal found that the notice of appeal was incompetent. It reasoned that the plaintiff had not demonstrated any arguable prospects of success on appeal regarding the primary court's finding that she was ordinarily resident outside of Australia. Consequently, the summons seeking leave to appeal was also dismissed.

The Court of Appeal ordered that the notice of appeal filed on 23 February 2022 be dismissed as incompetent, with costs. The summons seeking leave to appeal filed on 28 April 2022 was also dismissed, with costs.