Islam v Australian Real Estate Relations Pty Ltd [2023] NSWCA 131

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Islam v Australian Real Estate Relations Pty Ltd [2023] NSWCA 131 Hearing dates: 7 June 2023 Date of orders: 13 June 2023 Decision date: 13 June 2023 Before: Ward P; Griffiths AJA Decision: 1. Leave to appeal from proceeding 2022/277860 is refused. 2. The summons for leave to appeal dated 1 March 2023 is dismissed with costs. 3. The applicant's notice of motion dated 28 March 2023 is dismissed with costs. 4. The proposed appeal from proceeding 2022/325554 is to be listed before the Registrar for the making of further directions. Catchwords: APPEALS – Leave to appeal – Principles governing – Whether arguable case – Where primary judge made a winding up order on just and equitable grounds APPEALS – Procedure – Whether stay pending summons seeking leave to appeal ought to be granted Legislation Cited: Corporations Act 2001 (Cth), s 461(1)(k) Property and Stock Agent Act 2002 (NSW), s 32(4) Supreme Court Act 1970 (NSW), ss 46(4), 101(2)(n) Cases Cited: Accurate Financial Consultants Pty Ltd v Koko Black Pty Ltd [2008] VSCA 86; (2008) 66 ACSR 325 Asia Pacific Joint Mining v Allways Resources Holdings Pty Ltd [2018] 3 Qd R 520; [2018] QCA 048 House v The King (1936) 55 CLR 499; [1936] HCA 40 Islam v Australian Real Estate Relation Pty Ltd [2023] NSWCA 47 McGinn v Cranbrook School [2016] NSWCA 226 Ratul v Islam; In the matter of Australian Real Estate Relation Pty Ltd [2023] NSWSC 78 Re Pure Nature Sydney Pty Ltd [2018] NSWSC 914 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Category: Principal judgment Parties: Md Rajibul Islam (Applicant) Australian Real Estate Relations Pty Ltd (First Respondent) Abu Walid Ratul (Second Respondent) Farha Diba (Third Respondent) Representation: Counsel: Applicant (self represented) P Bolster (Second and Third Respondents)