Islam v Ratul [2023] NSWCA 269

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Islam v Ratul [2023] NSWCA 269 Hearing dates: 07 November 2023 Date of orders: 07 November 2023 Decision date: 07 November 2023 Before: Ward P; Leeming JA Decision: Summons seeking leave to appeal dismissed, with costs. Catchwords: APPEALS – leave to appeal – interlocutory decision – submission not made to primary judge – absence of any material error – absence of utility of appeal having regard to proximity of final hearing – leave refused Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Category: Principal judgment Parties: Md Rajibul Islam (Applicant) Abu Walid Ratul (Respondent) Representation: Counsel: Applicant in person P G Bolster (Respondent)

Solicitors: Mitry Lawyers (Respondent) File Number(s): 2023/294682 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Date of Decision: 25 August 2023 Before: Robb J File Number(s): 2023/267165

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]