Mohareb v Palmer (No 3) [2021] NSWCA 39

Mohareb v Palmer (No 3) [2021] NSWCA 39

Leave was granted nunc pro tunc to the applicant to file the application for leave to appeal pursuant to s 16 of the Vexatious Proceedings Act. The applicant's notice of motion to vary orders made on 11 December 2020 was incompetent because the application was not made within 14 days as specified by the Uniform Civil Procedure Rules, and the court has no power to extend the time limit.

Jurisdiction
Australia
Judgment Date
22 March 2021
Procedural Posture
Appeal / Application for Leave to Appeal—procedural Motions
Outcome
Applicant granted leave to institute the application for leave to appeal; notice of motion filed 3 March 2021 dismissed as incompetent.
Legal Topics
['vexatious Proceedings' 'leave to Appeal' 'jurisdiction' 'recusal Application' 'variation of Orders' 'time Extensions']
['civil Procedure'] ['vexatious Proceedings' 'leave to Appeal' 'jurisdiction' 'recusal Application' 'variation of Orders' 'time Extensions']

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Procedural Posture

Appeal / Application for Leave to Appeal—procedural Motions

Legal Issues

  1. 1 ['Whether applicant required leave to file application for leave to appeal against vexatious proceedings order' 'Whether leave required to file notice of motion to vary orders made on appeal' 'Whether court had power to extend time to seek variation of orders outside 14-day period under UCPR']

Ratio Decidendi

Leave was granted nunc pro tunc to the applicant to file the application for leave to appeal pursuant to s 16 of the Vexatious Proceedings Act. The applicant's notice of motion to vary orders made on 11 December 2020 was incompetent because the application was not made within 14 days as specified by the Uniform Civil Procedure Rules, and the court has no power to extend the time limit.

Court Disposition

Applicant granted leave to institute the application for leave to appeal; notice of motion filed 3 March 2021 dismissed as incompetent.

Orders

  • ['Grant the applicant leave to institute the application for leave to appeal pursuant to s 16 of the Vexatious Proceedings Act, effective from 14 October 2019.' "Direct that the emailed letter from the Registrar to Nader Mohareb dated 10 March 2021 and Mr Mohareb's reply dated 17 March 2021 be marked Exhibit A on...