Australian Real Estate Relation Pty Ltd (in liquidation) v Farha Diba [2023] NSWSC 1619

Supreme Court New South Wales

Medium Neutral Citation: Australian Real Estate Relation Pty Ltd (in liquidation) v Farha Diba [2023] NSWSC 1619 Hearing dates: 25 July 2023 Date of orders: 21 December 2023 Decision date: 21 December 2023 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under r 13.4 Uniform Civil Procedure Rules 2005 (NSW) the whole of the proceedings against each defendant is summarily dismissed. (2) The plaintiff is to pay the costs of the first, second, fourth and sixth defendants. (3) Liberty to apply in respect of any special order as to costs on 3 days' notice to each active party and to the associate to Campbell J. Catchwords: CIVIL PROCEDURE — consideration of whether proceedings are frivolous or vexatious — similar disputes litigated in a variety of different proceedings — no claim pleaded against certain defendants — plaintiff unauthorised to institute proceedings on behalf of company in liquidation — no reasonable cause of action disclosed Legislation Cited: Corporations Act 2001 (Cth) ss 232, 233, 461(1)(k); 467(4) Uniform Civil Procedure Rules 2005 (NSW) rr 13.4, 14.28, 18.6 Cases Cited: Chahwan v Euphoric Pty Ltd (t/as Clay & Michel) [2008] NSWCA 52; 245 ALR 780 Islam v Australian Real Estate Relations Pty Ltd [2023] NSWCA 131 Islam v Raine & Horne Corp [2023] NSWSC 1184 Moore v Inglis (1976) 9 ALR 509 Ratul v Islam; In the matter of Australian Real Estate Relation Pty Ltd [2023] NSWSC 78 [2023] NSWSC 78 Category: Procedural rulings Parties: Australian Real Estate Relation Pty Ltd (First Plaintiff) Mortgage Plus Australia Pty Ltd (Second Plaintiff) MD Rajibul Islam (Third Plaintiff) Trustees of Gulf Bridge Investments Trust (Fourth Plaintiff) Farha Diba (First Defendant); Real Estate Macarthur Group Pty Ltd (Second Defendant) Raine & Horne Corporation (Third Defendant) Angus Raine (Fourth Defendant) Andrew Brian (Fifth Defendant) Celeste Koppe (Sixth Defendant) Representation: Counsel: MD Rajibul Islam (Third Plaintiff) (self-represented) R Perla (D1 and D2) SJ Philips (D4 and D6) No appearance (D3 & D5)