Mohareb v NSW

311 FLR 101; [2021] NSWCA 278

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Application for leave to appeal
3. › Interlocutory decisions of District Court
4. › Decisions to refuse amendments, strike out paragraphs, and refuse joinder of new defendants
5. › Whether sufficient prospects of success to warrant grant of leave
6. › District Court Act 1973 (NSW), s 127(2)(a)
1. Practice and Procedure
2. › Pleadings
3. › Amendment
4. › Leave to amend statement of claim
5. › Effect of bankruptcy on claims for personal injury inseverable from property damage
6. › Bankruptcy Act 1966 (Cth), s 60
1. Practice and Procedure
2. › Joinder of parties
3. › Refusal of leave to join new defendants
4. › Whether proposed claims against new defendants tenable
1. Practice and Procedure
2. › Procedural fairness
3. › Conduct of interlocutory hearing
4. › Whether unrepresented litigant denied opportunity to be heard

Quick Take

This case is a routine refusal of leave to appeal from interlocutory decisions and has minimal precedential value beyond illustrating the application of the leave threshold under s 127(2)(a) of the District Court Act 1973 (NSW).