Rahman v Dubs [2011] NSWSC 376

Supreme Court New South Wales

Medium Neutral Citation: Rahman v Dubs [2011] NSWSC 376 Hearing dates: 2 May 2011 Decision date: 03 May 2011 Jurisdiction: Common Law Before: Johnson J Decision: The Notice of Motion filed on 15 April 2011 is dismissed. The Plaintiff is to pay the Defendant's costs on an indemnity basis with leave to assess those costs forthwith. Catchwords: PRACTICE AND PROCEDURE - order made by Judge that claim proceed on pleadings - order for pleadings confirmed by Court of Appeal - Plaintiff agitates and reagitates that issue by further Notices of Motion - Notices of Motion filed contrary to order requiring prior leave of Judge or Registrar - Plaintiff's application dismissed - order for indemnity costs assessable forthwith Legislation Cited: Supreme Court Act 1970 Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Rahman v Dubs [2010] NSWCA 129 Oshlack v Richmond River Council (1998) 193 CLR 72 Rosniak v Government Insurance Office (1997) 41 NSWLR 601 Leichhardt Municipal Council v Green [2004] NSWCA 341 57 Attorney General for the State of New South Wales v Bar-Mordecai [2010] NSWSC 323 Texts Cited: --- Category: Principal judgment Parties: Mohammad Tabibar Rahman (Plaintiff) Rosalind Dubs (Defendant) Representation: Counsel: Mr MT Rahman (In Person) Mr N Andrew (Solicitor for Defendant) Solicitors: Mr MT Rahman (In Person) Norton Rose (Defendant) File Number(s): 2009/298924 Publication restriction: ---