NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Kelso (No 2) [2017] NSWCA 173 Hearing dates: On the papers Decision date: 17 July 2017 Before: Basten JA; Simpson JA Decision: (1) Dismiss the notice of motion filed 26 May 2017.
(2) No order as to the costs of the motion. Catchwords: PRACTICE AND PROCEDURE – application to vary orders – order made refusing leave to appeal – application to substitute a grant of leave to appeal –application in effect to reopen hearing – no change of circumstances – no misapprehension by court of applicant's case
PRACTICE AND PROCEDURE – costs – application to vary costs order –unsuccessful applicant ordered to pay costs – no sufficient basis to vary order Cases Cited: Carr v Finance Corporation of Australia Ltd [No 1] (1981) 147 CLR 246; [1981] HCA 20 Hollis v Vabu Pty Ltd (2001) 207 CLR 21; [2001] HCA 44 Mohareb v Kelso [2017] NSWCA 98 TCN Channel Nine Pty Ltd v Anning (2002) 54 NSWLR 333; [2002] NSWCA 82 Teoh v Hunter's Hill Council (No 4) (2011) 81 NSWLR 771; [2011] NSWCA 324 Category: Procedural and other rulings Parties: Nader Mohareb (Applicant) Alexander Edward Kelso (First Respondent) Saratoga Marine Pty Ltd (Second Respondent) John Alexander Kelso (Third Respondent) Leetec Pty Ltd (Fourth Respondent) Laurence Geoffrey Leeson (Fifth Respondent) Roderick Gerrard Smith (Sixth Respondent) Representation: Counsel: Applicant self-represented
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