Sarkis v Moussa

The applicant, Sarkis, sought a review pursuant to s 46(4) of the *Supreme Court Act 1970* (NSW) of a decision by a Judge of Appeal. The Judge of Appeal had dismissed a summons for leave to appeal on the respondent's, Moussa's, motion.

The primary legal issues before the court were whether there had been an error of principle in the exercise of the Judge of Appeal's power, or if the decision was plainly wrong. Specifically, the court considered whether there was a plain error in the construction of ss 58 and 60 of the *Bankruptcy Act 1966* (Cth) and whether there was an error in principle in dismissing the proceedings pursuant to rr 13.4 and 51.1 of the *Uniform Civil Procedure Rules 2005* (NSW). The court noted the heavy burden on the applicant to discharge in demonstrating such an error.

The court found that the applicant had not discharged the heavy burden required to demonstrate an error of principle or that the decision was plainly wrong. Consequently, the application for review was dismissed.

The application for review by Amended Notice of Motion filed 18 June 2012 was dismissed with costs.