Islam v Australian Real Estate Relation Pty Ltd [2023] NSWCA 47

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Islam v Australian Real Estate Relation Pty Ltd [2023] NSWCA 47 Hearing dates: 20 March 2023 Date of orders: 23 March 2023 Decision date: 23 March 2023 Before: Gleeson JA Decision: (1) Dismiss the applicant's notice of motion filed 6 March 2023. (2) Order that the applicant pay the second and third respondents' costs of the stay application. Catchwords: CIVIL PROCEDURE — Court of Appeal — Stay of proceedings — Application for stay of winding up order pending proposed appeal — Where winding up on the just and equitable ground — Where applicant director of the company — Whether proposed appeal raises an arguable case — Whether balance of convenience favours stay of winding up order Legislation Cited: Corporations Act 2001 (Cth), ss 461(1)(k), 467(4) Supreme Court Act 1970 (NSW), s 101(2)(a) Uniform Civil Procedure Rules 2005 (NSW), rr, 51.18(1), 51.18(2) Cases Cited: Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Australian Securities and Investments Commission v AGKM Green Pty Ltd [2017] FCA 846 Kalifair Pty Ltd v Digi-Tech (Australia) Ltd (2002) 55 NSWLR 737; [2002] NSWCA 383 Ratul v Islam; In the matter of Australian Real Estate Relation Pty Ltd [2023] NSWSC 78 Vasco Trustees Ltd (as Trustee of the IPO Wealth Fund) v IPO Wealth Holdings No 2 Pty [2020] VSC 733 Vaughan v Dawson [2008] NSWCA 169 Category: Procedural rulings Parties: Md Rajibul Islam (Applicant) Australian Real Estate Relation Pty Ltd (First respondent) Abu Walid Ratul (Second respondent) Farha Diba (Third respondent) Representation: Counsel: R Islam (Self-represented) (Applicant) D Levi (Liquidator of First respondent) J Raftery (Second and Third respondents)