Mohareb v Manly Local Court [2024] NSWSC 345

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Manly Local Court [2024] NSWSC 345 Hearing dates: 18 March 2024 Decision date: 05 April 2024 Jurisdiction: Common Law Before: Button J Decision: 1. Amended summons of applicant dismissed 2. Contested portion of notice of motion of applicant dismissed 3. Various costs orders made. Catchwords: APPEALS – appeal from Local Court to Supreme Court – where pending criminal charges against applicant in the Local Court – subpoenas sought for documents from NSW police and local hospital – where refusal by Local Court Registrar to issue subpoenas – where application for review dismissed by Magistrate – prerogative relief sought – in the alternative, leave to appeal refusal by Magistrate in the Local Court – whether error of law on the face of the record – whether applicant denied procedural fairness – whether findings by Magistrate incapable of being supported – whether decision affected by actual or apprehended bias – arguments by applicant rejected – various costs orders made APPEALS – review of various interlocutory decisions of Registrar – certain costs orders impugned – submission that informant in criminal proceedings in Local Court should not be a party in application for prerogative relief and leave to appeal in Supreme Court ill-conceived – notice of motion substantively dismissed – various costs orders made Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW) Part 5 Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13 Evidence Act 1995 (NSW) s 103 Cases Cited: Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15 Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020 The King v Anna Rowan – A Pseudonym [2024] HCA 9 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Principal judgment Parties: Nader Mohareb (Applicant) Manly Local Court (First Respondent) Constable Aden Murphy (Second Respondent) Representation: Counsel: Self-represented (Applicant) R Sherrington (First Respondent) N Regener (Second Respondent)