Islam v Commonwealth Bank of Australia [2024] NSWSC 149

Supreme Court New South Wales

Medium Neutral Citation: Islam v Commonwealth Bank of Australia [2024] NSWSC 149 Hearing dates: 20 February 2024 Date of orders: 01 March 2024 Decision date: 01 March 2024 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: (1) Dismiss the proceedings with costs. (2) Order that the plaintiffs be restrained by themselves, their servants or agents or howsoever otherwise from commencing or continuing in any Court or Tribunal any proceedings against the defendant (other than in the nature of a defence, cross-claim or cross-summons) which arise from the same or similar facts as these proceedings without leave of a judge of the Supreme Court of NSW, unless and until the plaintiffs have paid the costs ordered in (1) above. (3) Grant liberty to apply. Catchwords: CIVIL PROCEDURE – application for summary disposal – allegations that a bank unlawfully complied with the terms of a freezing order – dismissal of proceedings – frivolous or vexatious proceedings Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 12.10, 13.4(1), 14.28(1) Category: Procedural rulings Parties: M D Rajibul Islam (Plaintiff) Trustees of Gulf Bridge Investment Trust (Second Plaintiff) Mortgage Plus Australia Pty Ltd (Third Plaintiff) Mortgage Plus Australia LLC – New Mexico (Fourth Plaintiff) Harmanos Ltd – London (Fifth Plaintiff) Credit mee Limited UK (Sixth Plaintiff) Secure it Plus LLC Delaware USA (Seventh Plaintiff) Commonwealth Bank of Australia (Defendant) Representation: Counsel: F Tao (Defendant)