Mohareb v State of New South Wales

Mohareb sought leave to appeal from interlocutory decisions of the Supreme Court of New South Wales, which had dismissed several applications. These applications included requests for the proceeding to be tried by jury, to further amend pleadings, to reinstate abandoned paragraphs of a proposed pleading, and to join additional defendants. The State of New South Wales was the respondent.

The primary legal issue before the Court of Appeal was whether leave to appeal should be granted in relation to the dismissal of these interlocutory applications. This required the court to consider whether there was a question of principle involved or whether the appellant had demonstrated a significant injustice arising from the decisions below.

Mitchelmore JA and Price AJA found that there was no question of principle involved in the dismissal of the applications. They also concluded that the appellant had not demonstrated any injustice that would warrant granting leave to appeal. The court noted the significant procedural history of the matter, which further weighed against the grant of leave.

Consequently, the summons seeking leave to appeal was dismissed with costs.