Mohareb v Kelso [2018] NSWCA 164

Mohareb v Kelso [2018] NSWCA 164

No error was demonstrated in the Registrar's refusal to remit; Judicial Registrar's refusal to consolidate proceedings was an efficient and proper exercise of discretion; refusal to enter default judgment was within discretion, no evidence of bias, and application for leave lacked merit.

Parties
Applicant: Nader Mohareb; First Respondent: Alexander Edward Kelso; Second Respondent: John Alexander Kelso; Third Respondent: Saratoga Marine Pty Ltd; Fourth Respondent: Laurence Leeson; Fifth Respondent: Leetec Pty Ltd; Sixth Respondent: Roderick Gerrard Smith; Seventh Respondent: Taylor Booth
Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Civil Procedure – Application for Leave to Appeal / Court of Appeal Review and Leave to Appeal From Interlocutory Orders
Outcome
Applications dismissed, extension of time granted for review of Registrar's order
Legal Topics
Leave to Appeal, Review of Registrar's Order, Consolidation of Proceedings, Default Judgment, Procedural Fairness, Remittal of Proceedings
Civil Procedure Leave to Appeal Review of Registrar's Order Consolidation of Proceedings Default Judgment Procedural Fairness Remittal of Proceedings

Case Brief

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Parties

Nader Mohareb

Applicant

Alexander Edward Kelso

First Respondent

John Alexander Kelso

Second Respondent

Saratoga Marine Pty Ltd

Third Respondent

Laurence Leeson

Fourth Respondent

Leetec Pty Ltd

Fifth Respondent

Roderick Gerrard Smith

Sixth Respondent

Taylor Booth

Seventh Respondent

Procedural Posture

Civil Procedure – Application for Leave to Appeal / Court of Appeal Review and Leave to Appeal From Interlocutory Orders

Legal Issues

  1. 1 Whether Registrar erred in declining to remit leave application to the Common Law Division
  2. 2 Whether Judicial Registrar's refusal to consolidate proceedings was valid
  3. 3 Whether refusal to enter default judgment in defamation proceedings was attended by bias

Ratio Decidendi

No error was demonstrated in the Registrar's refusal to remit; Judicial Registrar's refusal to consolidate proceedings was an efficient and proper exercise of discretion; refusal to enter default judgment was within discretion, no evidence of bias, and application for leave lacked merit.

Court Disposition

Applications dismissed, extension of time granted for review of Registrar's order

Orders

  • Grant extension of time to seek review of Registrar's order of 19 February 2018
  • Dismiss application to review Registrar's decision