Islam v Ratul (No 2) [2024] NSWSC 41

Islam v Ratul (No 2) [2024] NSWSC 41

The proceedings were an abuse of process as the plaintiffs sought to ventilate claims that had already been twice rejected by competent courts. The conduct was found plainly unreasonable, amounting to relevant delinquency, justifying an order for costs on an indemnity basis.

Parties
First Plaintiff: MD Rajibul Islam; Second Plaintiff: Mortgage Plus Australia Pty Ltd; First Defendant: Abu Ratul; Second Defendant: Expert Finance Pty ltd
Jurisdiction
Australia
Judgment Date
02 February 2024
Procedural Posture
Civil / Costs Order Following Summary Dismissal
Outcome
Order amended to require plaintiffs to pay defendants' costs on an indemnity basis
Legal Topics
Costs, Indemnity Costs, Abuse of Process, Relitigation
Civil Procedure Costs Indemnity Costs Abuse of Process Relitigation

Case Brief

Summary, issues, holding and outcome

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Parties

MD Rajibul Islam

First Plaintiff

Mortgage Plus Australia Pty Ltd

Second Plaintiff

Abu Ratul

First Defendant

Expert Finance Pty ltd

Second Defendant

Procedural Posture

Civil / Costs Order Following Summary Dismissal

Legal Issues

  1. 1 Whether plaintiffs should pay costs on an indemnity basis for relitigating claims previously dismissed
  2. 2 Whether the proceedings constituted an abuse of process

Ratio Decidendi

The proceedings were an abuse of process as the plaintiffs sought to ventilate claims that had already been twice rejected by competent courts. The conduct was found plainly unreasonable, amounting to relevant delinquency, justifying an order for costs on an indemnity basis.

Court Disposition

Order amended to require plaintiffs to pay defendants' costs on an indemnity basis

Orders

  • The plaintiffs are to pay the defendants' costs of the proceedings on an indemnity basis