Mohareb v Palmer [2017] NSWCA 281

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Palmer [2017] NSWCA 281 Hearing dates: 2 November 2017 Decision date: 02 November 2017 Before: Basten JA at [1]; Sackville AJA at [28] Decision: (1) Refuse the application for leave to appeal from orders made in the District Court on 30 May 2017.

(2) Order that the applicant pay the respondent's costs in this Court Catchwords: APPEALS – leave to appeal – interlocutory judgment of District Court – refusal of leave to prosecute respondent for perjury – refusal to refer alleged contempt of court to Supreme Court – allegation of bias and hostility – whether findings of fact open to primary judge – whether primary judge impermissibly determined if contempt had been committed – whether issue of general public importance – third application in relation to substantially similar issues Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6 Crimes Act 1900 (NSW), s 338 District Court Act 1973 (NSW), s 203 Cases Cited: Bar-Mordecai v Hillston [2003] NSWSC 1269 Mohareb v Palmer (No 3) [2016] NSWDC 38 Mohareb v Palmer (No 4) [2017] NSWDC 127 Moss v McIlveen [2011] NSWCA 77 Category: Principal judgment Parties: Nader Mohareb (Applicant) Matthew Palmer (Respondent) Representation: Applicant self-represented

Solicitor: Mr B Gelonesi, GP Legal (Respondent) File Number(s): 2017/246744 Decision under appeal Court or tribunal: District Court Jurisdiction: Civil Citation: [2017] NSWDC 127 Date of Decision: 30 May 2017 Before: Gibson DCJ File Number(s): 2014/243522