Mohareb v Kelso [2018] NSWCA 164

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Kelso [2018] NSWCA 164 Hearing dates: 20 July 2018 Decision date: 30 July 2018 Before: Basten JA, Sackville AJA Decision: (1) Grant the applicant an extension of time within which to seek review of the order of the Registrar of 19 February 2018 declining to remit the application for leave to appeal to the Common Law Division.

(2) Dismiss the application to review the decision of the Registrar.

(3) Otherwise dismiss the applicant's notice of motion dated 18 April 2018.

(4) Dismiss the summons filed 28 November 2017 seeking leave to appeal from the following orders of the Judicial Registrar of the District Court:

(a) order (3) made on 8 September 2017 in matter 2015/201139; and (b) orders (1)-(4) made on 6 November 2017 in matter 2016/292950. Catchwords: CIVIL PROCEDURE – application for leave to appeal decision of Judicial Registrar of District Court – proceeding assigned to Common Law Division review – application filed in Court of Appeal – refusal to remit – whether registrar erred – whether further evidence filed by applicant in Court of Appeal supported remittal – whether application for leave to appeal lacked merit

CIVIL PROCEDURE – consolidation of proceedings –decision of Judicial Registrar not to consolidate proceedings – proceedings involving separate incidents, defendants and causes of action – whether Court should grant leave to appeal

CIVIL PROCEDURE – refusal to enter default judgment – defendant represented, parties had been in discussions, matter on inactive list pending determination of leave application in another matter –whether decision attended by bias – whether Court should grant leave to appeal Legislation Cited: Defamation Act 2005 (NSW), s 14; Pt 3 District Court Act 1973 (NSW), s 127 Supreme Court Act 1970 (NSW), ss 48, 51