Islam v Ratul (No 2) [2024] NSWSC 41

Supreme Court New South Wales

Medium Neutral Citation: Islam v Ratul (No 2) [2024] NSWSC 41 Hearing dates: In Chambers – on the papers Date of orders: 2 February 2024 Decision date: 02 February 2024 Jurisdiction: Common Law Before: Campbell J Decision: Amend order 2 pronounced on 21 December 2023 to read as follows: "(2) The plaintiffs are to pay the defendants costs of the proceedings on an indemnity basis." Catchwords: COSTS — indemnity costs - civil procedure – abuse of process – relitigating claims of virtually same substance twice rejected by courts – "relevant delinquency" - successful parties' invitation to discontinue proceedings prior to judgment refused - failure to lodge submissions against adverse indemnity costs order – special order for indemnity costs awarded Cases Cited: Australian Real Estate Relations Pty Ltd (in liquidation) v Farha Diba [2023] NSWSC 1619 Bale v Kimberley Developments Pty Ltd (No 2) [2022] NSWSC 1009 Ekes v Commonwealth Bank of Australia [2014] NSWCA 336; (2014) 313 ALR 665. Islam v Ratul [2023] NSWSC 1625 Islam v Ratul (District Court (NSW), Andronos SC DCJ, 31 May 2023, unrep) Moore v Inglis (1976) 50 ALJR 589 Ratul v Islam; in the matter of Australian Real Estate Relation Pty Ltd [2023] NSWSC 78 Category: Costs 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)