Mohareb v Kelso (No 4)

Mohareb (the applicant) sought to expand the scope of leave to appeal against a decision of Kelso (the respondent). The application was heard by Macfarlan and McCallum JJA in the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether the applicant should be granted leave to expand the scope of his appeal, and whether the judge who made the original decision should be recused on the grounds of apprehended bias. The applicant had made repeated applications for recusal based on substantially the same grounds.

The Court found that there was no basis for the recusal of the judge, noting that the applicant's complaints were not new and had been considered in previous proceedings. Regarding the application to expand the scope of leave to appeal, the Court determined that it should be dismissed. The Court's reasoning focused on the applicant's history of making repetitive and unmeritorious applications, and the lack of any new or compelling reasons to alter the existing grant of leave to appeal.

The notice of motion dated 14 September 2021 was dismissed.