Mohareb v State of New South Wales [2021] NSWCA 278

Mohareb v State of New South Wales [2021] NSWCA 278

The summons seeking leave to appeal is dismissed because the applicant failed to show sufficient prospects of success on the appeal; procedural fairness was afforded, the primary judge made no error in refusing leave to amend or join new defendants, the costs discretion was properly exercised and no denial of procedural fairness or bias was established.

Jurisdiction
Australia
Judgment Date
18 November 2021
Procedural Posture
Leave to Appeal (interlocutory) / Application for Leave to Appeal From District Court Interlocutory Decisions
Outcome
Summons seeking leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'interlocutory Decisions' 'amendment of Pleadings' 'joinder of Parties' 'bankruptcy and Personal Injury Exceptions' 'procedural Fairness' 'costs']
['civil Procedure' 'bankruptcy' 'defamation' 'negligence'] ['leave to Appeal' 'interlocutory Decisions' 'amendment of Pleadings' 'joinder of Parties' 'bankruptcy and Personal Injury Exceptions' 'procedural Fairness' 'costs']

Case Brief

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Procedural Posture

Leave to Appeal (interlocutory) / Application for Leave to Appeal From District Court Interlocutory Decisions

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory decisions of the District Court' 'Whether the District Court erred in refusing amendments to pleadings or striking out paragraphs related to personal injury/property damage claims in light of Bankruptcy Act s 60' 'Whether refusal to join new defendants (Dr Michael Bowler and Nine Entertainment) was correct' 'Whether costs discretion miscarried' 'Whether there was a denial of procedural fairness or bias']

Ratio Decidendi

The summons seeking leave to appeal is dismissed because the applicant failed to show sufficient prospects of success on the appeal; procedural fairness was afforded, the primary judge made no error in refusing leave to amend or join new defendants, the costs discretion was properly exercised and no denial of procedural fairness or bias was established.

Court Disposition

Summons seeking leave to appeal dismissed with costs

Orders

  • ['The summons seeking leave to appeal is dismissed with costs.']