Mohareb v State of New South Wales

Mohareb was the applicant seeking leave to appeal an interlocutory decision of the Supreme Court of New South Wales. The dispute concerned the refusal of an application to transfer proceedings. The appeal was heard by Gleeson and Stern JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted. This required the Court to consider whether there was a reasonably arguable case that the primary judge had erred in a manner that would justify interference with an interlocutory decision on a matter of practice or procedure. Specifically, the Court had to assess whether there was a reasonably arguable case of a *House v The King* error or a reasonably clear injustice.

The Court of Appeal applied the principles governing appeals from interlocutory decisions, which generally involve a degree of restraint in interfering with such decisions unless a significant error or injustice is demonstrated. The Court found that the applicant had not established a reasonably arguable ground for appeal, nor had they demonstrated a reasonably clear injustice arising from the refusal to transfer the proceedings.

Consequently, the Court of Appeal dismissed the summons seeking leave to appeal and ordered the applicant to pay the costs of both respondents.