Mohareb v Palmer (No 2)

Mohareb (the applicant) sought to appeal against orders made by the Supreme Court of New South Wales on 7 August 2019, which had declared him a vexatious litigant under the *Vexatious Proceedings Act 2008* (NSW) and made consequential orders. The primary dispute concerned whether the applicant's conduct constituted "vexatious proceedings" and whether he had "frequently instituted or conducted vexatious proceedings" within the meaning of the Act, as well as whether the Supreme Court had afforded procedural fairness in making its orders.

The Court of Appeal was required to determine whether the Supreme Court had erred in finding that the applicant had frequently instituted or conducted vexatious proceedings. It also had to consider whether the Supreme Court had acted within its discretion in making the orders it did, balancing the applicant's access to the courts against the need to restrain unwarranted litigation. A further issue was whether the Supreme Court had provided adequate notice and opportunity for the applicant to be heard on the specific terms of the orders ultimately made, particularly concerning any expansion beyond what was foreshadowed.

The Court of Appeal allowed the appeal in part, setting aside one of the Supreme Court's orders. This suggests that while the Supreme Court's finding of vexatious litigation was largely upheld, there was an issue with the specific nature or scope of the orders made, likely relating to the procedural fairness point. The court found that the applicant had not been afforded a proper opportunity to address the specific terms of that particular order. The appeal was otherwise dismissed, meaning the core declaration of vexatious litigation and most of the consequential orders stood. No order was made as to costs.