Mohareb v Kelso (No 4) [2018] NSWCA 292

Mohareb v Kelso (No 4) [2018] NSWCA 292

The Notice of Motion was dismissed because the applicant showed no arguable basis for setting aside or suspending the Court's orders of 29 October 2018; the Court had not erred in rejecting the tendered medical and psychological evidence, which was not relevant to the leave application and was not shown to be admissible as further or fresh evidence; and there was no application for leave to appeal from the District Court orders made on 29 October 2018.

Jurisdiction
Australia
Judgment Date
29 November 2018
Procedural Posture
Notice of Motion Seeking to Set Aside or Alternatively Suspend Previous Court of Appeal Orders / On the Papers After Dismissal of Application for Leave to Appeal
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['application to Set Aside or Suspend Orders' 'leave to Appeal' 'fresh or Further Evidence' 'stay of Proceedings' 'adjournment']
['appeal' 'civil Procedure'] ['application to Set Aside or Suspend Orders' 'leave to Appeal' 'fresh or Further Evidence' 'stay of Proceedings' 'adjournment']

Case Brief

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Procedural Posture

Notice of Motion Seeking to Set Aside or Alternatively Suspend Previous Court of Appeal Orders / On the Papers After Dismissal of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the Court of Appeal should set aside or alternatively suspend its orders of 29 October 2018.' "Whether the Court erred in rejecting the applicant's tender of medical and psychological evidence." 'Whether there was any arguable basis for the Court to set aside or vary District Court orders made on 29 October 2018.']

Ratio Decidendi

The Notice of Motion was dismissed because the applicant showed no arguable basis for setting aside or suspending the Court's orders of 29 October 2018; the Court had not erred in rejecting the tendered medical and psychological evidence, which was not relevant to the leave application and was not shown to be admissible as further or fresh evidence; and there was no application for leave to appeal from the District Court orders made on 29 October 2018.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ["Mr Mohareb's Notice of Motion filed on 31 October 2018 is dismissed with costs."]