Rahman v Rahman [2024] NSWSC 1616

Supreme Court New South Wales

Medium Neutral Citation: Rahman v Rahman [2024] NSWSC 1616 Hearing dates: 7, 14 and 28 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Judge declines to disqualify himself from further involvement in the proceedings. Wife removed as trustee for sale of the two properties and independent trustees for sale appointed in her place. Catchwords: EQUITY – Trusts and trustees – Court's supervision of – Appointment and removal of trustees – matrimonial dispute – in March 2023 the Family Court of Australia upon the making of final property in relation to matrimonial property appoints a wife as trustee for sale of two jointly owned matrimonial properties – continuing conflict between the wife and the husband and neither property sold by November 2024 – wife has an AVO against the husband – wife occupies one of the two properties – wife tries to sell the other property and the couple's daughter claims to have purchased it – husband places caveat on titles to the properties – wife seeks removal of the caveat – continuing conflict likely – whether the wife should be removed as trustee for sale – whether the husband should be appointed in place of the wife – whether independent trustees for sale should be appointed. COURTS AND JUDGES – Bias – Apprehended bias – self represented litigants – husband seeks judge's disqualification from further involvement in the proceedings – whether the judge conducted the proceedings in a manner such that a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide. Legislation Cited: Civil Procedure Act 2005 (NSW), Part 6 Conveyancing Act 1919 (NSW), s 66G Cases Cited: Cristovao v Butcher Paull & Calder [2006] WASCA 184 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Elovalis v Elovalis [2008] WASCA 141 Gilmour Finance Pty Ltd v Aesthete Pty Ltd [2022] NSWCA 279 Gindy v Capital Lawyers Pty Ltd [2022] ACTCA 66 Hancock v Reinhardt (2015) 106 ACSR 207; [2015] NSWSC 646 Ngarluma Aboriginal Corporation v RNTBC v Attorney-General(WA) (2014) 14 ASTLR 164; [2014 WASC 245 McKenzie v McKenzie [1971] P 33; [1970] 3 WLR 472; [1970] 3 All ER 1034 Miller v Cameron (1936) 54 CLR 572 Santos v The State of Western Australia [No 2] [2013] WASCA 39 Schagen v The Queen (1993) 8 WAR 410 at 412 Category: Procedural rulings Parties: Mr Fahmid Rahman (Plaintiff) Ms Mita Rahman (Defendant) Representation: Mr F Rahman (in person)