Mohareb v State of New South Wales (No 2)

Mohareb, the applicant, sought to reopen a judgment previously delivered by the New South Wales Court of Appeal in proceedings against the State of New South Wales, the respondent. The applicant's application to reopen the judgment was heard by Meagher and Leeming JJA.

The central legal issue before the Court was whether there was a sufficient basis to grant the applicant's request to reopen the judgment. This required the Court to consider the principles governing the reopening of judgments and the circumstances under which such an extraordinary measure might be permitted.

The Court determined that no basis had been shown to justify reopening the judgment. The Court applied the established legal principles that govern applications to reopen judgments, which generally require a demonstration of significant error or new evidence that could not have been reasonably obtained at the time of the original hearing. In this instance, the applicant failed to meet that threshold.

Consequently, the notice of motion filed on 29 November 2021 was dismissed, with costs ordered in favour of the respondent.