Mohareb v Palmer [2018] NSWCA 220

Mohareb v Palmer [2018] NSWCA 220

Leave to appeal was refused because, although there was error in Lonergan J's reasoning regarding power to set aside Adamson J's orders, there was no basis to set aside the underlying orders, and the error did not result in a miscarriage of justice given the substantive outcome would not change.

Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Application for Leave to Appeal / Court of Appeal Determination of Summons Seeking Leave to Appeal
Outcome
Leave to appeal refused; summons dismissed
Legal Topics
['appeal' 'jurisdiction' 'costs']
['civil Procedure'] ['appeal' 'jurisdiction' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Determination of Summons Seeking Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted from Lonergan J's decision dismissing application to set aside Adamson J's orders" "Whether the Supreme Court had power to set aside Adamson J's orders under UCPR r 36.16(3A)" 'Effect of Federal Court setting aside bankruptcy notice on the Supreme Court proceedings' 'Whether costs should have been awarded in the Local Court']

Ratio Decidendi

Leave to appeal was refused because, although there was error in Lonergan J's reasoning regarding power to set aside Adamson J's orders, there was no basis to set aside the underlying orders, and the error did not result in a miscarriage of justice given the substantive outcome would not change.

Court Disposition

Leave to appeal refused; summons dismissed

Orders

  • ['Summons seeking leave to appeal dismissed.' 'No order as to costs or disbursements.']