Monhem v Shields [2015] NSWCA 24

Monhem v Shields [2015] NSWCA 24

The applicants failed to provide a satisfactory explanation for their non-attendance; no new material or issue meriting a rehearing was demonstrated; no error of law nor miscarriage of justice established; accordingly, no basis for granting leave to appeal from the primary judge's order refusing to set aside the original orders.

Parties
First Applicant: Mansour Monhem; Second Applicant: Houda Monhem; Respondent: Ranald Shields
Jurisdiction
Australia
Judgment Date
18 February 2015
Procedural Posture
Application for Leave to Appeal / Application for Leave to Appeal to Court of Appeal From Dismissal of Motion to Set Aside Orders in Land and Environment Court
Outcome
Application for leave to appeal dismissed
Legal Topics
Application to Reopen Final Orders, Non Attendance at Hearing, Leave to Appeal, Errors of Law
Civil Procedure Environmental Law Application to Reopen Final Orders Non Attendance at Hearing Leave to Appeal Errors of Law

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Parties

Mansour Monhem

First Applicant

Houda Monhem

Second Applicant

Ranald Shields

Respondent

Procedural Posture

Application for Leave to Appeal / Application for Leave to Appeal to Court of Appeal From Dismissal of Motion to Set Aside Orders in Land and Environment Court

Legal Issues

  1. 1 Whether primary judge applied the correct legal test when refusing to set aside orders made in applicants’ absence
  2. 2 Whether there was a reasonable explanation for the applicants’ non-attendance at the initial hearing
  3. 3 Whether there were grounds to reopen the final judgment

Ratio Decidendi

The applicants failed to provide a satisfactory explanation for their non-attendance; no new material or issue meriting a rehearing was demonstrated; no error of law nor miscarriage of justice established; accordingly, no basis for granting leave to appeal from the primary judge's order refusing to set aside the original orders.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • No order as to costs