Mohareb v Kelso (No 4) [2021] NSWCA 336

No substantive basis was provided for the relief sought in the notice of motion, and previous recusal applications had been determined and dismissed; thus, the motion was dismissed.

Jurisdiction: Australia
Judgment Date: 17 December 2021
Procedural Posture: Civil / Notice of Motion After Final Hearing and Determination of Appeal
Outcome: Notice of motion dated 14 September 2021 dismissed
Legal Topics: ['scope of Leave to Appeal' 'recusal Applications']

['civil Procedure' 'courts and Judges'] ['scope of Leave to Appeal' 'recusal Applications']

Case Brief

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Procedural Posture

Civil / Notice of Motion After Final Hearing and Determination of Appeal

Legal Issues

1 ['Whether the scope of leave to appeal could be expanded after final determination of appeal' 'Whether recusal of Macfarlan JA and McCallum JA was warranted based on repeated applications']

Ratio Decidendi

No substantive basis was provided for the relief sought in the notice of motion, and previous recusal applications had been determined and dismissed; thus, the motion was dismissed.

Court Disposition

Notice of motion dated 14 September 2021 dismissed

Orders

['Notice of motion dismissed']