Rahman v Sharpe (No 2) [2012] NSWDC 49

District Court New South Wales

Medium Neutral Citation: Rahman v Sharpe (No 2) [2012] NSWDC 49 Hearing dates: 5 April 2012 Decision date: 05 April 2012 Jurisdiction: Civil Before: Judge Peter Johnstone Decision: Paul Baram, John Hartigan and Shirley Alexander are removed as defendants. The originating process as against the 3rd, 4th & 5th defendants is set aside. The Summons is struck out. The appeal is dismissed. The plaintiff is to pay the costs of the 3rd, 4th, 5th & 6th defendants on an indemnity basis. Catchwords: COSTS ASSESSMENT - appeal from assessment by a costs assessor of party/party costs payable pursuant to court orders - inappropriate joinder of the 3rd, 4th, and 5th defendants - as against the 6th defendant, the appeal document is embarrassing and vexatious, and a clear abuse of process, and should be struck out - failure to identify any decision, let alone any error, on the part of the costs assessor on a question relating to a matter of law that could ground an appeal under s 384 of the Legal Profession Act 2004 - whether plaintiff should be given an opportunity to "re-plead" or whether the appeal should be dismissed summarily in its entirety Legislation Cited: Crimes Act 1900 Business Names Act 2002 Civil Procedure Act 2005 Legal Profession Act 2004 Uniform Civil Procedure Rules 2005 (UCPR) Cases Cited: Cassegrain v CTK Engineering [2008] NSWSC 457 Dobell v Blue Haven Pools and Spas Pty Limited [2009] NSWCA 77 Gorczynski v AWM Dickinson & Son [2005] NSWSC 277 Lions v Wende [2007] NSWSC 100 McCausland v Surfing Hardware International Holdings Pty Ltd [2010] NSWDC 222 Randall Pty Limited v Willoughby City Council [2009] NSWDC 118 Young v Annis-Brown [2011] NSWSC 475 Category: Interlocutory applications Parties: Mohammad Tabibar Rahman (Plaintiff) John Sharpe (1st Defendant) James Howard (2nd Defendant) Paul Baram (3rd Defendant) John Hartigan (4th Defendant) Shirley Alexander (5th Defendant) Rosalind Dubs (6th Defendant) Representation: Mr M Rahman (Plaintiff in person) Ms Z Hannaford (1st & 2nd Defendants) Ms Ormond (3rd, 4th, 5th & 6th Defendants) File Number(s): 2012/69814 Publication restriction: None