Mohareb v Kelso

[2018] NSWCA 164

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Leave to appeal
4. › Interlocutory orders
5. › Decision of Judicial Registrar of District Court
6. › Whether Court of Appeal or Common Law Division has jurisdiction
7. › Whether Registrar erred in declining to remit
8. › Supreme Court Act 1970 (NSW), ss 48, 51
1. Practice and Procedure
2. › Consolidation of proceedings
3. › Proceedings involving separate incidents, defendants and causes of action
4. › Whether refusal to consolidate was an improper exercise of discretion
5. › Appellate reluctance to intervene in procedural rulings of trial court
1. Practice and Procedure
2. › Default judgment
3. › Refusal to enter default judgment
4. › Defendant represented and parties in discussions
5. › Matter on inactive list
6. › Whether decision attended by bias
7. › Whether Court should grant leave to appeal
8. › Defamation Act 2005 (NSW), s 14, Pt 3
1. Practice and Procedure
2. › Review of Registrar's decision
3. › Scope of review under UCPR r 49.19
4. › Whether review constrained in same way as appeal
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 49.19, 49.20, 51.59

Quick Take

A recusal application cannot be held 'in reserve' — if a party intends to challenge the constitution of the court on grounds of apprehended bias, the application must be made immediately and cannot be deferred to a later stage of proceedings.