Mohareb v State of New South Wales

Mohareb appealed to the Court of Appeal of New South Wales against interlocutory decisions made by the District Court. The District Court had refused the appellant's applications to amend his statement of claim, to strike out certain paragraphs of the respondent's defence, and to join new defendants to the proceedings.

The central legal issue before the Court of Appeal was whether the appellant had demonstrated sufficient prospects of success to warrant the grant of leave to appeal against these interlocutory decisions. This required the Court to assess the merits of the proposed amendments, the strike-out application, and the joinder of new parties in the context of the overall litigation.

Meagher and Leeming JJA found that the appellant had not shown that the District Court's decisions were affected by error, nor that there were substantial merits to the proposed appeals. Consequently, the Court concluded that there were insufficient prospects of success to justify granting leave to appeal. The summons seeking leave to appeal was therefore dismissed.