Mostafa Mohamed v Neima Mohamed

[2014] HCASL 56

MOSTAFA MOHAMED

v

NEIMA MOHAMED

[2014] HCASL 56
S83/2013

1. The applicant and respondent were in a domestic relationship and entered into an agreement under which the applicant was to pay the respondent $50,000 in the event that the applicant initiated "separation and/or divorce".  

2. The respondent commenced proceedings in the Local Court of New South Wales to enforce the agreement.  A magistrate (Magistrate Trad) found for the respondent and ordered that the applicant pay the respondent $50,000.

3. The Supreme Court of New South Wales (Harrison AsJ) dismissed the applicant's appeal to that Court finding that the agreement was not contrary to public policy.

4. The Court of Appeal of the Supreme Court of New South Wales (Barrett and Ward JJA) refused the applicant leave to appeal.  Their Honours held that the grounds of appeal raised no question of principle or general importance, and that the public policy argument was untenable.

5. The applicant seeks special leave to appeal against the decision of the Court of Appeal.  The applicant advances the same public policy arguments as those raised before the Court of Appeal.  The applicant's submissions do not identify any reason to doubt the correctness of the Court of Appeal's decision.  

6. Pursuant to r 41.11.1, we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

V.M. Bell
12 March 2014 S.J. Gageler