Islam & Ors v McCarrolls of Moss Vale Pty Ltd & Ors [2023] NSWDC 484

District Court New South Wales

Medium Neutral Citation: Islam & Ors v McCarrolls of Moss Vale Pty Ltd & Ors [2023] NSWDC 484 Hearing dates: 14, 17 August 2023, 5 October, 3 November 2023 (written submissions were also received on the application for indemnity costs of the fourth to eighth defendants) Date of orders: 10 November 2023 Decision date: 10 November 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [94] Catchwords: CORPORATIONS – director of company in liquidation purports to join the company as a second plaintiff – liquidator declines to bring or carry on proceeding against parties claimed to have contributed to the wrongful repossession of a vehicle owned by the company – company director claims right to sue in relation to vehicle COURTS – director of company complains against conduct of liquidator before and after appointment – jurisdiction of District Court to adjudicate on complaints CIVIL PROCEDURE – application for summary dismissal COSTS – application for indemnity costs based upon non-acceptance of rules offer – application for gross lump sum order Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Corporations Act 2001 (Cth), s 90-5 to 90-20, 90-15(3)(e), 90-15(6)(a), 90-15(5)(a), 477, 598 Judiciary Act 1903 (Cth), s 55N(1)(e) Privacy Act 1988 (Cth) Uniform Civil Procedure Rules 2005 (NSW), r 13.4, Part 14, r 20.26, r 42.15A Cases Cited: Australian Real Estate Relations Pty Ltd [2023] NSWCA 131 Islam v Australian Real Estate Relations Pty Ltd [2023] NSWCA 47 Islam v Australian Securities & Investments Commission [2023] NSWSC 1188 Islam v Fahim Khan & Ors [2023] NSWDC 478 Islam v Raine & Horne Corp [2023] NSWSC 1184 Islam v Ul Karim [2023] NSWSC 717 Northern Territory v Sangare (2019) 372 ALR 117 Oshlack v Richmond River Council (1998) 193 CLR 72 Ratul v Islam [2023] NSWSC 78 Category: Principal judgment Parties: Md Rajibul Islam (first plaintiff) Australian Real Estate Relations Pty Ltd (second plaintiff) Gulf Bridge Finance Pty Ltd (third plaintiff) McCarrolls of Moss Vale Pty Ltd (first defendant) Toyota Finance Australia Ltd (second defendant) Australian Financial Security Authority trading as the Commonwealth of Australia (fourth defendant) Australian Competition and Consumer Commission (fifth defendant) Australian Prudential Regulation Authority (sixth defendant) Australian Securities and Investments Commission (seventh defendant) Commissioner of Taxation trading as the Commonwealth of Australia (eighth defendant) Representation: Md Rajibul Islam (first plaintiff, self-represented) Farrar Lawyers (1st – 3rd defendants) Australian Government Solicitor (4th – 8th defendants) File Number(s): 2023/165594 Publication restriction: Nil