Rahman v Attorney General of New South Wales [2016] NSWCA 261

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rahman v Attorney General of New South Wales [2016] NSWCA 261 Hearing dates: 14 September 2016 Decision date: 19 September 2016 Before: Meagher JA; Payne JA Decision: 1. Dismiss the Summons seeking leave to appeal. 2. Order that the applicant pay the respondent's costs of the proceedings. Catchwords: APPEAL – application for leave – where orders made against applicant under Vexatious Proceedings Act 2008 (NSW) – where applicant seeks to appeal from those orders – where leave required by s 101(2)(r) of the Supreme Court Act 1970 (NSW) as no money or property in issue – where more than two year extension of time required for making of application for leave – where no material error identified or apparent in first instance judgment – where appeal sought to be pursued for misconceived and improper purpose of challenging validity of sequestration order made in earlier bankruptcy proceedings – where applicant previously sought leave to commence proceedings on the premise that existing orders correct – application dismissed Legislation Cited: Bankruptcy Act 1966 (Cth), ss 27, 43 Constitution, ss 51(xvii), 77 Judiciary Act 1903 (Cth), s 40 Supreme Court Act 1970 (NSW), s 101(2)(r) Uniform Civil Procedure Rules 2005 (NSW), r 51.10 Vexatious Proceedings Act 2008 (NSW), ss 8, 14 Cases Cited: Application of Mohammad Tabibar Rahman [2014] NSWSC 1161 Application of Mohammad Tabibar Rahman [2015] NSWSC 164 Clyne v New South Wales Bar Association (1960) 104 CLR 186 Mohammad Tabibar Rahman v Rosalind V Dubs [2013] HCASL 23 Mohammad Tabibar Rahman v Peter Blair & Ors [2015] HCASL 210 Category: Procedural and other rulings Parties: Mohammad Tabibar Rahman (Applicant) Attorney General of New South Wales (Respondent) Representation: Counsel: In person (Applicant) D Galbraith (Solicitor) (Respondent)