Mohareb v Kelso

Mohareb (the applicant) sought leave to appeal from certain orders of a Judicial Registrar of the District Court, and also sought review of a decision by a Registrar of the Court of Appeal. The dispute involved the Registrar's refusal to consolidate proceedings, refusal to enter default judgment, and a refusal to remit the application for leave to appeal to the Common Law Division. The application for leave to appeal was heard by Basten JA and Sackville AJA in the Court of Appeal.

The Court of Appeal was required to determine whether the Judicial Registrar erred in refusing to consolidate the proceedings, given they involved separate incidents, defendants, and causes of action. It also had to consider whether the Registrar's refusal to enter default judgment was attended by bias, particularly in circumstances where the defendant was represented and parties had been in discussions. Finally, the Court had to assess whether the Registrar erred in declining to remit the application for leave to appeal to the Common Law Division, and whether further evidence filed by the applicant in the Court of Appeal supported such a remittal.

The Court found that the Judicial Registrar did not err in refusing to consolidate the proceedings, as they were distinct. The refusal to enter default judgment was also upheld, with the Court noting the ongoing discussions between the parties and the matter being on an inactive list. Regarding the remittal application, the Court granted the applicant an extension of time to seek review of the Registrar's decision not to remit, but ultimately dismissed the review application. The Court concluded that the application for leave to appeal lacked merit.

The Court of Appeal ordered that the applicant be granted an extension of time to seek review of the order declining to remit the application for leave to appeal. However, the application to review that decision was dismissed. The applicant's notice of motion and summons seeking leave to appeal from the Judicial Registrar's orders were also dismissed.