Islam v Ratul [2023] NSWSC 1625

Supreme Court New South Wales

Medium Neutral Citation: Islam v Ratul [2023] NSWSC 1625 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 rule 13.4 Uniform Civil Procedure Rules 2005 (NSW) the proceedings are summarily dismissed; (2) The plaintiffs are to pay the defendants costs of the proceedings; (3) Any application for a special order for costs is to be made within 14 days of the date of judgment by written submission not exceeding 3 pages in length supported by any necessary affidavit which may be forwarded to the chambers of Campbell J to be dealt with in chambers on the papers. The responding party is allowed a period of a further 14 days to lodge a written submission not exceeding 3 pages in length if the order is opposed. Catchwords: CIVIL PROCEDURE — consideration of whether proceedings are frivolous or vexatious — plaintiff unauthorised to institute proceedings on behalf of company in liquidation — abuse of process in as much as multiple proceedings have been brought to ventilate what is in substance the same asserted cause of action Legislation Cited: Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) rr 13.4 and 14.28 Cases Cited: Ekes v Commonwealth Bank of Australia [2014] NSWCA 336; (2014) 313 ALR 665 GR v Secretary, Department of Communities and Justice; GR v Public Guardian [2023] NSWSC 525 Moore v Inglis (1976) 9 ALR 509 Ratul v Islam; In the matter of Australian Real Estate Relation Pty Ltd [2023] NSWSC 78 Category: Procedural rulings Parties: MD Rajibul Islam (First Plaintiff) Mortgage Plus Australia Pty Ltd (Second Plaintiff) Abu Ratul (First Defendant) Expert Finance Pty ltd (Second Defendant) Representation: Counsel: MD Rajibul Islam (First Plaintiff) (self-represented) R Perla (First and Second Defendant)