Mohareb v NSW

[2023] NSWCA 289

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Interlocutory decision
4. › Challenge to refusal of application to transfer proceedings
5. › Restraint in interfering with interlocutory decisions on a matter of practice or procedure
6. › Whether reasonably arguable that any House v The King error
7. › Whether reasonably clear injustice
8. › Supreme Court Act 1970 (NSW), s 101(2)(e)
1. Practice and Procedure
2. › Transfer of proceedings
3. › Transfer between District Court and Supreme Court
4. › Criminal contempt proceedings and civil proceedings
5. › Whether procedural advantages in transfer
6. › Risk of appearance of pre-judgment
7. › Civil Procedure Act 2005 (NSW), ss 140(3)(b), 149

Quick Take

This case is a routine application of established principles and does not change the law; it confirms the high threshold for obtaining leave to appeal from interlocutory transfer decisions.