Mohareb v Palmer [2015] NSWCA 369

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Palmer [2015] NSWCA 369 Hearing dates: 24 November 2015 Date of orders: 24 November 2015 Decision date: 27 November 2015 Before: Meagher JA; Bergin CJ in Eq Decision: 1. Summons seeking leave to appeal dismissed with costs. Catchwords: PROCEDURE – application for leave to appeal against order refusing applicant leave to prosecute respondent for perjury under Crimes Act 1900 (NSW), s 338(1)(c) – where false statement said to have been made on oath in connection with proceedings before primary judge not identified with sufficient precision – whether arguable error in primary judge's decision to refuse leave – application for leave to appeal dismissed Legislation Cited: Crimes Act 1900 (NSW), ss 327, 338(1)(c) Category: Procedural and other rulings Parties: Nader Mohareb (Applicant) Matthew Palmer (First Respondent) Annette Palmer (Second Respondent) Representation: Counsel: C J Dibb (Applicant) B Gelonesi (Respondents)

Solicitors: GP Legal (Respondents) File Number(s): 2014/245461 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW Jurisdiction: Civil Date of Decision: 30 July 2015 Before: Gibson DCJ File Number(s): 2014/243522

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]