Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Saratoga Marine Pty Ltd [2020] NSWCA 235 Hearing dates: 6 August 2020 Date of orders: 28 September 2020 Decision date: 28 September 2020 Before: Bell P at [1]; Emmett AJA at [50] Decision: 1. Notice of Motion dated 6 July 2020 dismissed with costs. 2. Application for leave to appeal dismissed with costs. Catchwords: APPEALS – application for leave to appeal – where submissions in support of application for leave to appeal were oppressive – where submissions were in flagrant breach of procedural rules under Uniform Civil Procedure Rules 2005 (NSW) – where application for leave did not raise issue of principle, question of public importance or a reasonably clear injustice. PROCEDURE – litigants in person – unrepresented litigants – importance of adhering to length, content and form requirements for written submissions as set out in Uniform Civil Procedure Rules 2005 (NSW) – importance of adhering to procedural rules to ensure costs to parties are proportionate to complexity of subject matter in dispute – no special rules or treatment for litigants in person. Legislation Cited: Civil Procedure Act 2005 (NSW) s 60 Supreme Court Act 1970 (NSW) s 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW) rr 51.12(3), 51.18(1)(e), 51.36 Cases Cited: Barton v Wright Hassall LLP [2018] 1 WLR 1119; [2018] UKSC 12 Be Financial Pty Ltd as trustee for Be Financial Operations Trust v Das [2012] NSWCA 164 Gaynor v Attorney General of New South Wales [2020] NSWCA 48 Jaycar Pty Limited v Lombardo [2011] NSWCA 284 Malouf v Malouf (2006) 65 NSWLR 449; [2006] NSWCA 83 Mendonca v Legal Services Commissioner [2020] NSWCA 84 Mohareb v Booth [2020] NSWCA 49 Mohareb v Fairfax Media Publications Pty Limited [2017] NSWSC 288 Mohareb v Fairfax Media Publications Pty Limited; Mohareb v Harbour Radio Pty Limited [2019] NSWSC 1685 Mohareb v Fairfax Media Publications Pty Ltd (No 2) [2017] NSWSC 546 Mohareb v Fairfax Media Publications Pty Ltd (No 3) [2017] NSWSC 645 Mohareb v Harbour Radio Pty Limited [2019] NSWSC 1685 Mohareb v Harbour Radio Pty Limited; Mohareb v Fairfax Media Publications Pty Limited; Mohareb v State of NSW [2019] NSWSC 270 Mohareb v Harbour Radio Pty Ltd (No 2) [2017] NSWSC 676 Mohareb v Harbour Radio Pty Ltd [2017] NSWSC 353 Mohareb v Harbour Radio Pty Ltd; Mohareb v Fairfax Media Publications Pty Ltd [2018] NSWSC 1992 Mohareb v Jankulovski [2012] NSWSC 487 Mohareb v Jankulovski [2013] NSWSC 1300 Mohareb v Jankulovski [2013] NSWSC 850 Mohareb v Jankulovski [2014] NSWSC 451 Mohareb v Jankulovski [2014] NSWSC 745 Mohareb v Jankulovski [2014] NSWSC 767 Mohareb v Kelso (No 2) [2018] NSWCA 246 Mohareb v Palmer (No 2) [2018] NSWSC 400 Mohareb v Palmer [2017] NSWSC 1491 Mohareb v State of New South Wales [2018] NSWSC 1599 Ryan v The Council of the City of Sydney [2018] NSWSC 265 Secretary, Department of Family and Community Services v Smith (2017) 95 NSWLR 597; [2017] NSWCA 206 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Nader Mohareb (Applicant) Saratoga Marine Pty Ltd (First Respondent) John Alexander Kelso (Second Respondent) Leetec Pty Limited (Third Respondent) Laurence Geoffrey Leeson (Fourth Respondent) Roderick Gerrard Smith (Fifth Respondent) Alexander Edward Kelso (Sixth Respondent) Representation: Counsel: I J King (Second Respondent)