Mohareb v Saratoga Marine Pty Ltd

[2020] NSWCA 235

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › District Court to Court of Appeal
4. › Whether application raised issue of principle, question of public importance or reasonably clear injustice
5. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Practice and Procedure
2. › Litigants in person
3. › Compliance with procedural rules
4. › Written submissions
5. › Length, content and form requirements
6. › Whether lower standard of compliance applies to unrepresented litigants
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.12(3), 51.36
1. Practice and Procedure
2. › Extension of time
3. › Application to extend time to appeal from earlier decisions
4. › Whether valid reason advanced for delay
5. › Importance of finality in litigation
1. Practice and Procedure
2. › Bias
3. › Apprehended and actual bias
4. › Whether adverse interlocutory rulings constitute grounds for bias
5. › Whether primary judge erred in refusing to recuse

Quick Take

Practitioners and self-represented litigants should note the Court's emphasis that UCPR requirements for written submissions (page limits, font size, line spacing) apply equally to unrepresented parties, and that non-compliance may be characterised as oppressive and illegitimate.