Mohareb v Kelso [2021] NSWCA 103

Mohareb v Kelso [2021] NSWCA 103

Mr Mohareb demonstrated arguable grounds for leave to appeal regarding the dismissal of his notice of motion of 1 February 2018 and whether his Amended Summons filed on 13 August 2020 was taken to be dismissed under the Vexatious Proceedings Act, as the Amended Summons was at least arguably a continuation of earlier proceedings and not a new proceeding. No basis was shown to challenge the costs order or to warrant recusal for apprehended bias.

Jurisdiction
Australia
Judgment Date
24 May 2021
Procedural Posture
Application for Leave to Appeal / Determination of Application for Leave to Appeal
Outcome
Leave to appeal granted in part; otherwise dismissed.
Legal Topics
['leave to Appeal' 'vexatious Proceedings' 'costs' 'recusal for Bias']
['appeals' 'civil Procedure'] ['leave to Appeal' 'vexatious Proceedings' 'costs' 'recusal for Bias']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Appeal / Determination of Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether the Registrar erred in dismissing Mr Mohareb's notice of motion of 1 February 2018" "Whether Mr Mohareb's Amended Summons filed on 13 August 2020 was taken to be dismissed by operation of the Vexatious Proceedings Act 2008 (NSW)" 'Whether leave to appeal should be granted on these issues' 'Whether the primary judge erred in refusing an application for recusal for apprehended bias']

Ratio Decidendi

Mr Mohareb demonstrated arguable grounds for leave to appeal regarding the dismissal of his notice of motion of 1 February 2018 and whether his Amended Summons filed on 13 August 2020 was taken to be dismissed under the Vexatious Proceedings Act, as the Amended Summons was at least arguably a continuation of earlier proceedings and not a new proceeding. No basis was shown to challenge the costs order or to warrant recusal for apprehended bias.

Court Disposition

Leave to appeal granted in part; otherwise dismissed.

Orders

  • ["Grant leave to Mr Mohareb to appeal in respect of the orders made by Ierace J on 16 October 2020, limited to the issues of whether Mr Mohareb's notice of motion of 1 February 2018 should have been dismissed by the Registrar and whether Mr Mohareb's Amended Summons filed on 13 August 2020 was taken to be dismissed...