Mohareb v Palmer [2016] NSWCA 378

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Palmer [2016] NSWCA 378 Hearing dates: 29 November 2016 Decision date: 22 December 2016 Before: Beazley P; Meagher JA; Leeming JA Decision: 1. Appeal dismissed with costs, including the costs of the summons for leave to appeal;

2. Summons dismissed with no order as to costs. Catchwords: CRIMINAL LAW – perjury – primary judge dismissed application by appellant pursuant to the Crimes Act 1900 (NSW), s 338(1)(c) to prosecute respondent for perjury – meaning of "false statement made on oath" – whether statement made by the respondent was false – allegation that the respondent had deliberately omitted material from an affidavit – whether an omission can form the basis for a charge of perjury

COSTS – indemnity costs – award of indemnity costs made by primary judge – basis of award for indemnity costs – whether order of primary judge should be disturbed – whether indemnity costs should be ordered against the appellant for the costs of the appeal Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) District Court Act 1973 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: House v The King (1936) 55 CLR 499; [1936] HCA 40 Mackenzie v The Queen (1996) 190 CLR 348; [1996] HCA 35 Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396 Mohareb v Palmer (No 2) [2015] NSWDC 141 Mohareb v Palmer [2015] NSWCA 369 Moss v McIlveen [2011] NSWCA 77 Murphy v Farmer (1988) 165 CLR 19; [1988] HCA 31 Ollis v New South Wales Crime Commission [2007] NSWCA 311; (2007) 177 A Crim R 306 R v Liristis [2004] NSWCCA 287; 146 A Crim R 547 Sims v Wran [1984] 1 NSWLR 317 Category: Principal judgment Parties: Nader Mohareb (Appellant) Matthew Palmer (Respondent) Representation: Counsel: In person (Appellant) B Gelonesi (Solicitor) (Respondent)