Sayed v National Australia Bank Limited

The applicant, Mr. Sayed, sought leave to file a notice of appeal out of time against a decision of the National Australia Bank Limited. The proceedings were before Emmett AJA. Mr. Sayed also sought orders to restrain conduct that had already occurred.

The court was required to determine whether to grant an extension of time for Mr. Sayed to file his notice of appeal. Additionally, the court had to consider the appropriateness of making orders to restrain conduct that had already taken place.

Emmett AJA dismissed the summons seeking leave to file a notice of appeal out of time, finding that the applicant had not established sufficient grounds for an extension. The court also dismissed the notice of motion seeking to restrain conduct that had already occurred, as such orders are generally not available. The applicant was ordered to pay the costs of the respondents in relation to the summons. The costs of the notice of motion were to be costs in the proceedings. The court also made directions regarding the notification of evidence for a separate motion.