Mohareb v Palmer (No 3) [2021] NSWCA 39

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Palmer (No 3) [2021] NSWCA 39 Hearing dates: On the papers Date of orders: 22 March 2021 Decision date: 22 March 2021 Before: Basten JA Decision: (1) With respect to the applicant's summons filed on 14 October 2019, challenging the orders made under the Vexatious Proceedings Act 2008 (NSW), in the Common Law Division, on 7 August and 2 September 2019, grant the applicant leave to institute the application for leave to appeal pursuant to s 16 of the Vexatious Proceedings Act, effective on and from 14 October 2019. (2) With respect to the applicant's notice of motion filed on 3 March 2021, (a) direct that the emailed letter from the Registrar to Nader Mohareb dated 10 March 2021, and Mr Mohareb's reply to the Registrar dated 17 March 2021 be marked Ex A on the motion; (b) dismiss the motion as incompetent. Catchwords: APPEAL – application for leave to appeal – applicant subject to vexatious proceedings order – whether leave required to file summons seeking leave to challenge order – appeal heard – whether leave required to file notice of motion seeking to vary orders CIVIL PROCEDURE – parties – vexatious litigants – leave to institute proceedings – whether leave required to file application to appeal vexatious proceedings order – whether leave required to file notice of motion seeking to vary orders made on appeal JUDGMENT AND ORDERS – orders entered – application to vary orders – notice of motion not filed within 14-day period specified by rules – power to extend time – Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Legislation Cited: Vexatious Proceedings Act 2008 (NSW), ss 4, 5, 8, 13, 14, 16 Supreme Court Act 1970 (NSW), ss 46, 101 Uniform Civil Procedure Rules 2005 (NSW), rr 36.11, 36.16, 51.41 Cases Cited: Deputy Commissioner of Taxation v Meredith (No 2) [2008] NSWCA 133 DJL v The Central Authority (2000) 201 CLR 226; [2000] HCA 17 Fokas v Mansfield (No 3) [2017] NSWCA 315 Macatangay v New South Wales (No 2) [2009] NSWCA 272 Mohareb v Palmer (No 2) [2020] NSWCA 324 Category: Procedural rulings Parties: Nader Mohareb (Applicant) Matthew Palmer (First Respondent) Attorney-General of NSW (Second Respondent) Representation: Counsel: