Mohareb v Palmer (No 2) [2018] NSWSC 400

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Palmer (No 2) [2018] NSWSC 400 Hearing dates: 22 March 2018 Date of orders: 22 March 2018 Decision date: 03 April 2018 Jurisdiction: Common Law Before: Lonergan J Decision: (1) The Notice of Motion filed by the Plaintiff on 15 November 2017 is dismissed.

(2) I order that the Plaintiff pay the costs of the Defendant associated with the Notice of Motion. Catchwords: CIVIL PROCEDURE – application to set aside judgment – application refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 36.16, 42.1 Cases Cited: Mohareb v Kelso (No 2) [2017] NSWCA 173 Mohareb v Palmer [2017] NSWSC 1491 Palmer v Mohareb [2017] FCA 1760 Category: Principal judgment Parties: Nader Mohareb (Plaintiff) Matthew Palmer (Defendant) Representation: Plaintiff (self-represented) Defendant (self-represented) File Number(s): 2017/189114

Judgment 1. On 15 November 2017, Mr Mohareb filed a notice of motion seeking orders setting aside the judgment of Adamson J dated 1 November 2017 (Mohareb v Palmer [2017] NSWSC 1491) and costs. The motion also asks this Court to substitute new orders for those made by the Local Court at Manly on 26 May 2017. 2. Mr Mohareb appeared for himself on the notice of motion and apparently has not had the benefit of legal advice. 3. The notice of motion is opposed by Mr Palmer. 4. The notice of motion is misconceived and I dismiss it for the reasons which follow.

Background 1. Mr Mohareb was involved in proceedings with Mr Palmer in the Local Court in which he was unsuccessful. Certificates of costs assessments against him were filed in the Local Court on 5 May 2017 leading to a judgment of that Court in the sum of $12,905.26. 2. Mr Palmer served a bankruptcy notice on 9 May 2017 and foreshadowed bankruptcy proceedings. 3. Subsequently, Mr Mohareb filed a notice of motion in the Local Court seeking orders to set aside the judgment of 5 May 2017, to set aside the bankruptcy notice issued against him by Mr Palmer, and costs. 4. Mr Mohareb appeared before Robinson LCM on 26 May 2017. After argument, amongst other things, her Honour declined to make a costs order in favour of Mr Mohareb. 5. Mr Mohareb filed a summons on 23 June 2017 seeking leave to appeal the decision of Robinson LCM. 6. His summons came before Adamson J on 1 November 2017 (Mohareb v Palmer [2017] NSWSC 1491). Her Honour determined that none of the matters raised by Mr Mohareb warranted a grant of leave to appeal. Leave to appeal was refused with costs awarded against Mr Mohareb.