Mahmoud v Attorney General of New South Wales

In *Mahmoud v Attorney General of New South Wales*, the applicant sought leave to appeal from orders made under section 8(7) of the *Vexatious Proceedings Act 2008* (NSW). The proceedings involved an application to vacate a concurrent hearing, an application for summary determination of the appeal, and an application for the disqualification of the Court of Appeal Registrar for alleged actual and apprehended bias. The matter came before Gleeson JA of the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether the applicant had provided a sufficient explanation for failing to comply with previous deadlines for filing and serving a draft notice of appeal and submissions, and whether a fair-minded lay observer might reasonably apprehend that the Registrar might not bring an impartial and unprejudiced mind to the resolution of the case management questions. This latter issue involved considering whether the Registrar might decide matters other than on their legal and factual merits, contrary to section 56 of the *Civil Procedure Act 2005* (NSW). The Court also considered its power under section 46 of the *Supreme Court Act 1970* (NSW) regarding the summary determination of the appeal.

Gleeson JA dismissed the applicant's amended notice of motion, except for paragraph 5 which was stood over to the concurrent hearing. The Court extended the time for the filing and service of the draft notice of appeal and written submissions for both parties, setting specific page limits and deadlines. The Court noted the delivery of certain appeal books and directed the respondent to file and serve another volume. The decision reflects the Court's approach to case management and the stringent requirements for establishing bias.