Mohareb v Manly Local Court - [2024] NSWSC 345

Supreme Court

New South Wales

Medium Neutral Citation: Mohareb v Manly Local Court [2024] NSWSC 345
Hearing dates: 18 March 2024
Decision date: 05 April 2024
Jurisdiction: Common Law
Before: Button J
Decision:
1. Amended summons of applicant dismissed
2. Contested portion of notice of motion of applicant dismissed
3. Various costs orders made.

Catchwords:
APPEALS – appeal from Local Court to Supreme Court – where pending criminal charges against applicant in the Local Court – subpoenas sought for documents from NSW police and local hospital – where refusal by Local Court Registrar to issue subpoenas – where application for review dismissed by Magistrate – prerogative relief sought – in the alternative, leave to appeal refusal by Magistrate in the Local Court – whether error of law on the face of the record – whether applicant denied procedural fairness – whether findings by Magistrate incapable of being supported – whether decision affected by actual or apprehended bias – arguments by applicant rejected – various costs orders made
APPEALS – review of various interlocutory decisions of Registrar – certain costs orders impugned – submission that informant in criminal proceedings in Local Court should not be a party in application for prerogative relief and leave to appeal in Supreme Court ill-conceived – notice of motion substantively dismissed – various costs orders made

Legislation Cited:
Crimes (Appeal and Review) Act 2001 (NSW) Part 5
Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13
Evidence Act 1995 (NSW) s 103

Cases Cited:
Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63
QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 15
Stradford(a pseudonym) v Judge Vasta [2023] FCA 1020
The King v Anna Rowan – A Pseudonym [2024] HCA 9
Wentworth v Rogers(No 5) (1986) 6 NSWLR 534

Category: Principal judgment
Parties: Nader Mohareb (Applicant)
Manly Local Court (First Respondent)
Constable Aden Murphy (Second Respondent)
Representation:
Counsel:
Self-represented (Applicant)
R Sherrington (First Respondent)
N Regener (Second Respondent)
Solicitors:
Self-represented (Applicant)
Crown Solicitor’s Office (First Respondent)
Makinson d'Apice Lawyers (Second Respondent)

File Number(s): 2022/242042
Decision under appeal

Court or tribunal:

Supreme Court of NSW

Jurisdiction:

Common Law

Date of Decision:

13 July 2022

Before:

Magistrate Denes

File Number(s):

2022/00242042

JUDGMENT

Introduction

This judgment resolves a number of applications made by Mr Nader N. S. Mohareb (in light of his role in this Court, the applicant), all pertaining indirectly to criminal proceedings brought against him in the Local Court at Manly. In those proceedings it is alleged that, on 9 March 2022, he committed the offences of stalking or intimidation, and of destroying or damaging property.
The allegation is that neighbours heard raised voices coming from the home shared by the applicant and his aged mother. The police were called, although not by her. Allegedly, the police spoke to the applicant, who was said to have admitted to having thrown a plate in the presence of his mother following an argument the pair had…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Mohareb v Manly Local Court

Details

AGLC: Mohareb v Manly Local Court [2024] NSWSC 345
Case: [2024] NSWSC 345
Decision Date: 05 April 2024

CaseChat Overview and Summary

In the Supreme Court of New South Wales, the applicant sought to appeal the decision of the Local Court in which the Registrar refused to issue subpoenas for documents from the NSW Police and a local hospital. The applicant, facing criminal charges, wanted the documents for their defence. The Local Court dismissed the application for review, and the applicant sought prerogative relief and leave to appeal in the Supreme Court. The applicant argued that the Local Court had made an error of law, denied procedural fairness, made findings that could not be supported, and was affected by bias. The Supreme Court rejected these arguments and made various costs orders against the applicant.

The legal issues before the court were whether the applicant had established an error of law on the face of the record, had been denied procedural fairness, or if the Magistrate's findings were incapable of being supported. The court also considered if the decision was affected by actual or apprehended bias. Furthermore, the court examined the costs orders made by the Local Court and whether they were appropriate.

The Supreme Court found that the Local Court's decision was correct, and the applicant's arguments were unconvincing. The court held that the Local Court had not made any errors of law, and the applicant had not been denied procedural fairness. The findings made by the Magistrate were supported by the evidence, and there was no actual or apprehended bias. The court also found that the costs orders made by the Local Court were reasonable and appropriate. Consequently, the application for prerogative relief and leave to appeal was dismissed, and various costs orders were made against the applicant.

Orders