Mohareb v Kelso (No 2) [2021] NSWCA 182

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Kelso (No 2) [2021] NSWCA 182 Hearing dates: On the papers Date of orders: 20 August 2021 Decision date: 20 August 2021 Before: Macfarlan JA at [1]; McCallum JA at [10] Decision: (1) Reject the applications for the recusal of Macfarlan JA and McCallum JA. (2) Amend Order (1) made on 24 May 2021 by adding the words "in relation to Mr Mohareb's claim against Mr Alexander Kelso" after the word "issues". (3) Dismiss Mr Mohareb's Amended Notice of Motion filed on 1 June 2021, with costs. Catchwords: JUDGMENTS AND ORDERS – amending, varying and setting aside – motion under UCPR r 36.16 to set aside previous judgment of Court – judgment granted leave to appeal limited to specific issues – whether grant of leave should be extended to allow applicant to appeal against entire decision including costs order made by Registrar and reviewed by primary judge – no good reason to permit appellate challenge to costs order – costs order appears to have been appropriate in the circumstances COURTS AND JUDGES – bias – application for recusal – allegations of apprehended bias and actual bias against judges – applications rejected Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 36.16, 36.17 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300; [1993] HCA 6 Brown Brothers Waste Contractors Pty Ltd v Pittwater Council (2015) 90 NSWLR 717; [2015] NSWCA 215 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Lawrence v Ciantar (No 2) [2020] NSWCA 186 Poulos v Commonwealth Bank of Australia Ltd (No 3) [2020] NSWCA 72 Lee v Cha [2008] NSWCA 13 Wende v Horwath (NSW) Pty Ltd (2014) 86 NSWLR 674; [2014] NSWCA 170 Zepinic v Health Care Complaints Commission (No 2) [2020] NSWCA 320 Category: Procedural rulings Parties: Mr Nader Mohareb (Applicant) Mr Alexander Edward Kelso (First Respondent) Mr John Alexander Kelso (Second Respondent) Mr Roderick Gerrard Smith (Third Respondent) Representation: Counsel: Self-represented (Applicant) J Prowse (sol) (Second Respondent) Self-represented (Third Respondent)