Mohareb v Kelso

[2020] NSWCA 105

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Assignment of proceedings
4. › Whether contempt proceedings assigned to Court of Appeal
5. › Whether contempt in the face of the court
6. › Whether necessary or convenient for discharge of Court of Appeal functions
7. › Supreme Court Act 1970 (NSW), ss 48, 51, 53
1. Contempt
2. › Criminal contempt
3. › Contempt in the face of the court
4. › Whether assault at applicant's home far from court constituted contempt in the face of the court
5. › Supreme Court Rules 1970 (NSW), Pt 55, Div 3

Quick Take

Practitioners seeking contempt orders in the Court of Appeal must ensure the alleged contempt falls within s 48(2)(i) of the Supreme Court Act 1970 (NSW); an assault committed away from the court, even if motivated by proceedings, is not contempt in the face of the court and must be pursued in the Common Law Division.

Case Details

Citation[2020] NSWCA 105

Reported3 NSWLR 2121 NSWLR 682

CourtNSWCA

JurisdictionNew South Wales

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Cited by14

2024Mohareb v Office of the Director of Public Prosecutions NSWNSWCA 93
2024Mohareb v Office of the Director of Public Prosecutions (NSW)NSWCA 68
2023Mohareb v State of New South WalesNSWCA 289
2023Mohareb v KelsoNSWSC 826
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