Mohareb v Kelso [2020] NSWCA 105

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Kelso [2020] NSWCA 105 Hearing dates: 1 June 2020 Date of orders: 05 June 2020 Decision date: 05 June 2020 Before: Simpson AJA Decision: 1. The applicant's notice of motion of 1 February 2018 is remitted to the Common Law Division of the Supreme Court. 2. The applicant is to pay any costs of the respondents incurred by the notice of motion having been filed in this Court. Catchwords: CIVIL PROCEDURE – Court of Appeal – application –assignment to the Court of Appeal for the punishment of contempt of the Court – assignment to the Court of Appeal of such matters as are necessary or convenient for the discharge of functions of the Court – notice of motion remitted to the Common Law Division of the Supreme Court

CONTEMPT – Criminal contempt – contempt in the face of the court – here appellant was assaulted by first respondent at the appellant's home far away from the court Legislation Cited: Crimes Act 1900 (NSW), s 326 Supreme Court Act 1970 (NSW), ss 48, 51, 53 Supreme Court Rules 1970 (NSW), Pt 55, Div 3 Uniform Civil Procedure Rules 2005 (NSW), r 14.28 Cases Cited: Fraser v The Queen [1984] 3 NSWLR 212 R v Kelso [2020] NSWDC 157 Registrar, Court of Appeal v Collins [1982] 1 NSWLR 682 Category: Procedural and other rulings 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) Representation: Applicant self-represented Sixth Respondent in person File Number(s): 2017/301930