Australian Real Estate Relation Pty Ltd (in liquidation) v Farha Diba (No 2) [2024] NSWSC 42

Supreme Court New South Wales

Medium Neutral Citation: Australian Real Estate Relation Pty Ltd (in liquidation) v Farha Diba (No 2) [2024] NSWSC 42 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: "The second and third plaintiffs are to pay the costs of the first, second, fourth and sixth defendants". Catchwords: CIVIL PROCEDURE — costs – variation of costs order – Uniform Civil Procedure Rules 2005 (NSW) – costs order against parties in liquidation or otherwise incapable of brining or maintaining legal proceedings – whether the breadth of costs order undermines its benefit – whether costs order should be limited to active parties – facilitation of enforcement of costs order Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 36.17 Cases Cited: Australian Real Estate Relation Pty Ltd (in liquidation) v Farha Diba [2023] NSWSC 1619 Islam v Ratul (District Court (NSW), Andronos SC DCJ, 31 May 2023, unrep) Ratul v Islam; in the matter of Australian Real Estate Relation Pty Ltd [2023] NSWSC 78 Category: Costs 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)