Mohareb v Palmer

[2018] NSWCA 220

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Mohareb v Palmer [2018] NSWCA 220
Hearing dates:	21 September 2018
Decision date:	04 October 2018
Before:	Beazley P; Macfarlan JA
Decision:	(1) Summons seeking leave to appeal dismissed. (2) No order as to costs or disbursements.
Catchwords:	APPEAL – application for leave to appeal against order dismissing proceedings for want of jurisdiction – no issue of principle
Legislation Cited:	Legal Profession Uniform Law Application Act 2014 (NSW), s 86 Local Court Act 2007 (NSW), s 40
Cases Cited:	Mohareb v Palmer [2017] NSWSC 1491
Category:	Procedural and other rulings
Parties:	Nader Mohareb (Applicant) Matthew Palmer (Respondent)
Representation:	Counsel: Self-represented Applicant     Solicitors: Self-represented Applicant
File Number(s):	CA 2018/124365
Decision under appeal	Court or tribunal: Supreme Court Jurisdiction: Civil Citation: [2018] NSWSC 400 Date of Decision: 3 April 2018 Before: Lonergan J File Number(s): 2017/189114

Judgment

1. THE COURT: This is an application by Mr Nader Mohareb for leave to appeal from a judgment of Lonergan J dated 3 April 2018 ([2018] NSWSC 400). By that judgment, her Honour dismissed a Notice of Motion filed by Mr Mohareb seeking to have her Honour set aside orders made by Adamson J on 1 November 2017 ([2017] NSWSC 1491).

2. The origin of the present application is in proceedings in the District Court brought by Mr Mohareb against Mr Matthew Palmer, the present respondent. Mr Palmer was successful and obtained costs orders in his favour. His costs were assessed and three cost certificates were issued to him. They were filed in the Local Court on 5 May 2017. This resulted in a judgment of that Court in favour of Mr Palmer against Mr Mohareb in the sum of $12,905.26, which was the total of the three certificates. Mr Palmer then served a bankruptcy notice on Mr Mohareb.

3. Mr Mohareb disputed Mr Palmer’s entitlement to enter judgment and to serve a bankruptcy notice, on the basis that Mr Mohareb had made an application for review of the costs assessments and that this prevented the enforcement of the costs certificates. In consequence, Mr Mohareb filed a Notice of Motion in the Local Court seeking orders that the judgment and bankruptcy notice be set aside and that Mr Palmer pay his costs. In the course of the hearing of the Notice of Motion before Robinson LCM, Mr Mohareb indicated that he would, in the alternative, seek a stay of the judgment pending review of the costs assessments.

4. Robinson LCM declined to make the orders sought in the Notice of Motion but granted a stay pending review of the costs assessments. Her Honour however rejected Mr Mohareb’s application for costs of the motion on the basis that, although he had been successful in obtaining a stay, his application for that order had not been made until the hearing of the Notice of Motion and Mr Palmer had therefore not had the opportunity to consent to it in advance of the hearing.

5. Mr Mohareb…