Mehajer v R (No 2) [2024] NSWCCA 247

Mehajer v R (No 2) [2024] NSWCCA 247

Leave to reopen bail proceedings is refused because the applicant did not identify any misapprehension of facts or law on the part of the Court, or any other basis justifying that the interests of justice require that the primary judgment should be revisited. The grounds of appeal and relevant materials were properly addressed in the initial proceedings, and the applicant does not satisfy the stringent test required for reopening.

Parties
Applicant: Salim Mehajer; Respondent: Rex
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Bail Application/reopening Proceeding / Application for Leave to Reopen Bail Proceedings After Dismissal
Outcome
Leave to reopen the bail proceedings is refused.
Legal Topics
Bail, Bail Pending Appeal, Reopening Applications, Jurisdiction, Misapprehension of Fact or Law
Criminal Law Bail Bail Pending Appeal Reopening Applications Jurisdiction Misapprehension of Fact or Law

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Parties

Salim Mehajer

Applicant

Rex

Respondent

Procedural Posture

Bail Application/reopening Proceeding / Application for Leave to Reopen Bail Proceedings After Dismissal

Legal Issues

  1. 1 Whether leave should be granted to reopen the bail proceedings
  2. 2 Whether the Court proceeded on a misapprehension of the facts or law in the primary bail judgment
  3. 3 Whether the interests of justice require reopening the proceedings

Ratio Decidendi

Leave to reopen bail proceedings is refused because the applicant did not identify any misapprehension of facts or law on the part of the Court, or any other basis justifying that the interests of justice require that the primary judgment should be revisited. The grounds of appeal and relevant materials were properly addressed in the initial proceedings, and the applicant does not satisfy the stringent test required for reopening.

Court Disposition

Leave to reopen the bail proceedings is refused.

Orders

  • Leave to reopen the bail proceedings is refused.