Mohareb v Jankulovski

Mohareb (the applicant) sought leave to appeal from orders made by a single judge of the Supreme Court of New South Wales. The primary order dismissed the applicant's application for specific performance of an alleged settlement agreement. A secondary order required the applicant to provide security for costs.

The appeal raised two principal legal issues. Firstly, whether the primary judge erred in concluding that no binding settlement agreement had been reached between the parties. Secondly, whether the primary judge erred in ordering the applicant to provide security for costs.

The Court of Appeal found no seriously arguable error in the primary judge's conclusion that no binding settlement agreement existed. The court also found that no substantial injustice had been demonstrated in relation to the order for security for costs. Consequently, the application for leave to appeal was dismissed, and the applicant was ordered to pay the respondents' costs of the application.