Mohareb v Kelso

Mohareb v Kelso concerned an application brought by the appellant, Mohareb, seeking to punish the first respondent for criminal contempt of court. The alleged contempt involved an assault by the first respondent upon the appellant at the appellant's home, which occurred at a location remote from any court. The matter came before the Court of Appeal of the Supreme Court of New South Wales.

The central legal issue before the Court of Appeal was whether it possessed the jurisdiction to hear and determine an application for criminal contempt when the alleged contemptuous conduct did not occur in the face of the court, nor in any way directly interfere with the administration of justice. Specifically, the Court had to consider the scope of its powers under the *Supreme Court Act 1970* (NSW) concerning the punishment of contempt and the assignment of matters to the Court of Appeal.

Simpson AJA determined that the Court of Appeal's jurisdiction to punish contempt was limited to contempts committed in the face of the court or those that directly obstructed the administration of justice. The alleged assault, occurring at the appellant's home, did not fall within these categories. Consequently, the Court concluded that it lacked the appropriate jurisdiction to hear the application for contempt.

Accordingly, the Court ordered that the applicant's notice of motion be remitted to the Common Law Division of the Supreme Court for determination. The applicant was also ordered to pay the costs of the respondents incurred by the filing of the notice of motion in the Court of Appeal.