Alamin v Islam [2023] NSWSC 701

Supreme Court New South Wales

Medium Neutral Citation: Alamin v Islam [2023] NSWSC 701 Hearing dates: 24 May 2023 Date of orders: 24 May 2023 Decision date: 21 June 2023 Jurisdiction: Equity Before: Slattery J Decision: Application for interlocutory relief dismissed with costs. Catchwords: EQUITY – Equitable Remedies – Injunctions – application for interlocutory relief – plaintiff and defendant are developers of real estate – the defendant brought previous proceedings in which he alleged serious misconduct by the present plaintiff – the previous proceedings were settled in a settlement deed on terms that required (1) the plaintiff and companies associated with him to pay $3.25 million to the defendant, and (2) entities associated with the plaintiff to provide nominated PPSA security to the defendant to secure the settlement payment under the settlement deed – the settlement payment was not made – in these proceedings the plaintiff seeks rectification of the settlement deed to remove the requirement to provide the PPSA security – the plaintiff seeks interlocutory relief lifting the PPSA security to permit the defendant to use the security to acquire further real estate for development purposes and an injunction restraining the defendant from registering further charges against the plaintiff – whether there is a serious question to be tried – what is the balance of convenience – whether a mandatory interlocutory injunction should be granted. Legislation Cited: Supreme Court Act 1970, s 66(4) Uniform Civil Procedure Rules 2005, r 42.4 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Limited v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Beese (Managers of Kimpton Church of England Primary School) v Woodhouse [1970] 1 All ER 769 Francome v Mirror Group Newspapers Ltd [1984] 1 WLR 892 McCarty v Council of the Municipality of North Sydney (1918) 18 SR (NSW) 210 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity: Doctrines & Remedies (5th ed 2014, LexisNexis Butterworths) at [21–350] Category: Procedural rulings Parties: Plaintiff: Mohammad Alamin First Defendant: Hamidal Islam Second Defendant: Amin Homes Hadiqqat Woolgen Pty Ltd (formerly known as MA Signature Homes Pty Ltd (ACN 648 134 374) Third Defendant: Amin Homes Murooj Woolgen Pty Ltd (ACN 653 353 867) Fourth Defendant: MH Affordable Homes Pty Ltd (ACN 608 006 328) Fifth Defendant: MH Affordable Homes on Woolgen Park Pty Ltd (ACN 626 654 108) Sixth Defendant: MH Affordable Homes on Dickson Pty Ltd (ACN 626 200 735) Seventh Defendant: MH Affordable Homes on Kelly Pty Ltd (ACN 619 338 591) Eighth Defendant: MH Affordable Homes on Angle Vale Pty Ltd (ACN 624 775 846) Ninth Defendant: Amin Property Group Pty Ltd (ACN 653 888 932) Representation: Counsel: Plaintiff: A. Elizabeth Defendant: M.R. Elliott SC; N. Dewan