Mohareb v Local Court of New South Wales

Mohareb appealed to the Supreme Court of New South Wales against orders made by the Local Court. The dispute, which had been substantially resolved prior to the hearing in the Local Court, involved an application for leave to appeal under section 101(2)(h) and (r) of the *Supreme Court Act 1970* (NSW). This section applies where there is no readily ascertainable monetary value in dispute, and the granting of leave is a matter of discretion exercised in the interests of justice, aiming to bring an end to disproportional disputation.

The primary legal issue before the Supreme Court was whether to grant leave to appeal. This involved considering whether the appeal raised a question of law or a question of fact, and whether it was in the interests of justice to permit the appeal to proceed, particularly given the limited nature of the dispute remaining. The Court also had to consider its role in relation to an unrepresented litigant, balancing the need to ensure a fair trial with the prohibition against providing judicial advice.

The Court reasoned that the application for leave to appeal was not one that ought to be granted. It noted that the dispute had largely been resolved below and that the interests of justice favoured bringing the matter to a close. The Court affirmed that while it must ensure a fair trial for all parties, this does not extend to giving judicial advice to an unrepresented litigant. Furthermore, the Court held that reasons for refusing leave to appeal need not be extensive. Consequently, the Court ordered that the first respondent be correctly identified as the "Local Court of New South Wales" and dismissed the application for leave to appeal, ordering the applicant to pay the costs of the first and second respondents.