Islam & Ors v McCarrolls of Moss Vale Pty Ltd & Ors (No.2) [2023] NSWDC 523

District Court New South Wales

Medium Neutral Citation: Islam & Ors v McCarrolls of Moss Vale Pty Ltd & Ors (No.2) [2023] NSWDC 523 Hearing dates: On the Papers Date of orders: 27 November 2023 Decision date: 27 November 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph [17] Catchwords: CIVIL PROCEDURE – application of slip rule CIVIL PROCEDURE – application for leave to amend following court order dismissing proceeding Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(4)(c) Uniform Civil Procedure Rules 2005 (NSW), r 13.4, 36.15(1), 36.16(2), 36.16(3), 36.17 Cases Cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 Islam & Ors v McCarrolls of Moss Vale Pty Ltd & Ors [2023] NSWDC 484 Category: Procedural rulings 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) David Levi of Levi Consulting (third 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