Mohareb v Kelso [2020] NSWSC 1402

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Kelso [2020] NSWSC 1402 Hearing dates: 24 September 2020 Decision date: 16 October 2020 Jurisdiction: Common Law Before: Ierace J Decision: (1) The amended notice of motion filed on 3 September 2020 is dismissed. (2) The applicant to pay the costs of the ex-third respondent, John Kelso, on this notice of motion. (3) It is noted that the amended summons that was filed by the applicant on 13 August 2020 was taken to be dismissed on 10 September 2020, by the operation of s 13(3) of the Vexatious Proceedings Act 2008 (NSW). Catchwords: CIVIL PROCEDURE – Registrars – Review of Registrar's decision – rr 36.16 and 49.19 of the UCPR – Registrar's decision to dismiss the applicant's notice of motion and order costs for the ex-third respondent – whether the applicant's notice of motion had been transformed into a summons – whether the ex-third respondent's appearance at the hearing before the Registrar was necessary CIVIL PROCEDURE - Miscellaneous procedural matters - Vexatious litigants and proceedings – where applicant has been declared a vexatious litigant – where proceedings on foot were not subject to Vexatious Proceedings Act 2008 (NSW) orders – where applicant's notice of motion in proceedings on foot was dismissed – where applicant filed a summons substantively different from previous notice of motion – summons taken to be dismissed where the applicant has not complied with leave requirements under the Vexatious Proceedings Act 2008 (NSW) Legislation Cited: Crimes Act 1900 (NSW) Supreme Court Act 1970 (NSW) Supreme Court Rules 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Mohareb v Kelso [2020] NSWCA 105 Palmer v Mohareb [2019] NSWSC 975 R v Kelso [2020] NSWDC 157 Category: Principal judgment Parties: Nader Mohareb (Applicant) Alexander Edward Kelso (Respondent) John Alexander Kelso (Ex-Third Respondent) Roderick Smith (Ex-Sixth Respondent) Representation: Counsel: In Person (Applicant) I King (Ex-Third Respondent) In Person (Ex-Sixth Respondent)