Mohareb v Manly Local Court [2024] NSWCA 233

Mohareb v Manly Local Court [2024] NSWCA 233

The listing direction by the President under UCPR r 51.14 is an administrative direction not subject to challenge under the cited procedural rules or statute. The applicant's motion to vary or vacate the hearing is dismissed because neither procedural nor substantive grounds support the relief sought.

Parties
Applicant: Nader Mohareb; First Respondent: Manly Local Court; Second Respondent: Constable Aden Murphy
Jurisdiction
Australia
Judgment Date
23 September 2024
Procedural Posture
Application for Leave to Appeal / Ruling on Amended Notice of Motion, Procedural Applications
Outcome
Applicant's amended notice of motion dismissed. Applicant to pay second respondent's costs of the amended motion.
Legal Topics
Appeals Procedure, Administrative Decisions Within Court, Listing Decisions, Leave to Appeal, Procedural Fairness
Civil Procedure Appeals Procedure Administrative Decisions Within Court Listing Decisions Leave to Appeal Procedural Fairness

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Nader Mohareb

Applicant

Manly Local Court

First Respondent

Constable Aden Murphy

Second Respondent

Procedural Posture

Application for Leave to Appeal / Ruling on Amended Notice of Motion, Procedural Applications

Legal Issues

  1. 1 Whether a listing decision by the President of the Court of Appeal constitutes a judgment or order amenable to challenge or review
  2. 2 Whether the applicant is entitled to a concurrent hearing of leave application and appeal
  3. 3 Whether the listing direction should be varied or vacated

Ratio Decidendi

The listing direction by the President under UCPR r 51.14 is an administrative direction not subject to challenge under the cited procedural rules or statute. The applicant's motion to vary or vacate the hearing is dismissed because neither procedural nor substantive grounds support the relief sought.

Court Disposition

Applicant's amended notice of motion dismissed. Applicant to pay second respondent's costs of the amended motion.

Orders

  • Applicant's amended notice of motion filed 20 September 2024 is dismissed.
  • Applicant to pay the second respondent's costs of the amended motion.