Mohareb v Kelso; Mohareb v Booth [2016] NSWDC 208

Mohareb v Kelso; Mohareb v Booth [2016] NSWDC 208

Applications to join additional defendants and further amend the claims were dismissed because the pleading did not establish any legally sufficient connection between the alleged wrongful acts and the employment relationships or duties of the proposed parties. The factual basis for vicarious or direct negligence liability was inadequately pleaded. The defendants' application for a stay pending proceedings under the Vexatious Proceedings Act 2008 was refused due to insufficient justification. Applications concerning hearing order and access to subpoenaed documents were also dismissed for procedural and substantive reasons.

Parties
Plaintiff: Nader Mohareb; Defendant (2015/201139): Alexander Edward Kelso; Defendant (2015/359339): Taylor Booth
Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Civil / Interlocutory Applications (including Stay, Amendment, Joinder, and Access to Documents)
Outcome
Plaintiff's applications for amendment, joinder, reordering proceedings, and access to documents dismissed. Defendants' application for stay dismissed. Costs ordered against plaintiff save for the stay application. Proceedings stood over for further directions.
Legal Topics
Assault, Trespass to Goods, Vicarious Liability, Negligence, Vexatious Proceedings, Joinder of Parties, Pleading Standards, Defamation (procedural Only)
Tort Civil Procedure Assault Trespass to Goods Vicarious Liability Negligence Vexatious Proceedings Joinder of Parties +2 more

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Parties

Nader Mohareb

Plaintiff

Alexander Edward Kelso

Defendant (2015/201139)

Taylor Booth

Defendant (2015/359339)

Procedural Posture

Civil / Interlocutory Applications (including Stay, Amendment, Joinder, and Access to Documents)

Legal Issues

  1. 1 Whether a stay of proceedings should be granted pending Vexatious Proceedings Act application
  2. 2 Whether plaintiff is permitted to amend statement of claim and join additional parties for alleged acts of negligence and/or vicarious liability
  3. 3 Whether plaintiff may amend to plead further acts of trespass/assault

Ratio Decidendi

Applications to join additional defendants and further amend the claims were dismissed because the pleading did not establish any legally sufficient connection between the alleged wrongful acts and the employment relationships or duties of the proposed parties. The factual basis for vicarious or direct negligence liability was inadequately pleaded. The defendants' application for a stay pending proceedings under the Vexatious Proceedings Act 2008 was refused due to insufficient justification. Applications concerning hearing order and access to subpoenaed documents were also dismissed for procedural and substantive reasons.

Court Disposition

Plaintiff's applications for amendment, joinder, reordering proceedings, and access to documents dismissed. Defendants' application for stay dismissed. Costs ordered against plaintiff save for the stay application. Proceedings stood over for further directions.

Orders

  • Defendants' notice of motion for a stay dismissed, no order as to costs.
  • Plaintiff's application in 2015/201139 to add named persons as second to sixth defendants dismissed.