Mohareb v NSW (No 2)

[2024] NSWCA 69

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Judgments and orders
3. › Setting aside or varying judgments
4. › Court of Appeal
5. › Motion to set aside order refusing leave to appeal
6. › Whether orders made against good faith
7. › Whether Court misapprehended applicant's evidence or submissions
8. › Whether denial of procedural fairness
9. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15, 36.16, 36.16(3A), 36.17
1. Practice and Procedure
2. › Courts and judges
3. › Bias
4. › Apprehended bias
5. › Recusal application
6. › Whether previous adverse decision can ground reasonable apprehension of bias
7. › Whether judges who decided earlier application should recuse from hearing motion to set aside

Quick Take

Motions to set aside Court of Appeal orders under UCPR rr 36.15-36.17 face a high threshold, and prior adverse decisions by the same judges do not establish apprehended bias.