Mohareb v Manly Local Court [2024] NSWCA 233

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Manly Local Court [2024] NSWCA 233 Hearing dates: 23 September 2024 Date of orders: 23 September 2024 Decision date: 23 September 2024 Before: Gleeson JA Decision: (1) The applicant's amended notice of motion filed 20 September 2024 is dismissed. (2) The applicant to pay the second respondent's costs of the amended motion. Catchwords: APPEALS — Procedure — Summons seeking leave to appeal — Where President of Court of Appeal directed that application for leave be heard alone not concurrently with argument on the appeal — Where applicant for leave challenged administrative decision of single judge of appeal — Whether listing decision is a judgment or order or direction amenable to challenge or review APPEALS – Procedure – Application to vacate leave only hearing to provide more time to prepare – Unrepresented litigant – Where other party filed response to summons late – Where nothing in other party's response capable of taking applicant by surprise Legislation Cited: Local Court Act 2007 (NSW), s 7 Supreme Court Act 1970 (NSW), s 46 Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16, 36.17, 42.1, 51.14 Cases Cited: Avery v Registrar of Births, Deaths and Marriages; Avery v State of NSW (Attorney-General's Department) (2010) 79 NSWLR 354; [2010] NSWCA 72 Rajski v Wood (1989) 18 NSWLR 512 Category: Procedural rulings Parties: Nader Mohareb (Applicant) Manly Local Court (First respondent) Constable Aden Murphy (Second respondent) Representation: Counsel: S T Munnoch (Solicitor) (First respondent) A G Deards (Solicitor) (Second respondent)