Islam & Ors v McCarrolls of Moss Vale Pty Ltd & Ors (No.2) [2023] NSWDC 523

Islam & Ors v McCarrolls of Moss Vale Pty Ltd & Ors (No.2) [2023] NSWDC 523

The court exercised the slip rule to correct the costs order to reflect the correct sum, as there was no substantive objection, and refused leave to file an amended statement of claim post-dismissal, as the final order had been made and procedural rules did not permit reopening the proceeding in the circumstances presented.

Parties
First Plaintiff: Md Rajibul Islam; Second Plaintiff: Australian Real Estate Relations Pty Ltd; Third Plaintiff: Gulf Bridge Finance Pty Ltd; First Defendant: McCarrolls of Moss Vale Pty Ltd; Second Defendant: Toyota Finance Australia Ltd; Third Defendant: David Levi of Levi Consulting; Fourth Defendant: Australian Financial Security Authority trading as the Commonwealth of Australia; Fifth Defendant: Australian Competition and Consumer Commission; Sixth Defendant: Australian Prudential Regulation Authority; Seventh Defendant: Australian Securities and Investments Commission; Eighth Defendant: Commissioner of Taxation trading as the Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
27 November 2023
Procedural Posture
Civil / Post Dismissal Procedural Applications
Outcome
Application by Commonwealth defendants to correct the order granted; application by Mr Islam for leave to amend refused.
Legal Topics
Application of Slip Rule, Leave to Amend Following Dismissal
Civil Procedure Application of Slip Rule Leave to Amend Following Dismissal

Case Brief

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Parties

Md Rajibul Islam

First Plaintiff

Australian Real Estate Relations Pty Ltd

Second Plaintiff

Gulf Bridge Finance Pty Ltd

Third Plaintiff

McCarrolls of Moss Vale Pty Ltd

First Defendant

Toyota Finance Australia Ltd

Second Defendant

David Levi of Levi Consulting

Third Defendant

Australian Financial Security Authority trading as the Commonwealth of Australia

Fourth Defendant

Australian Competition and Consumer Commission

Fifth Defendant

Australian Prudential Regulation Authority

Sixth Defendant

Australian Securities and Investments Commission

Seventh Defendant

Commissioner of Taxation trading as the Commonwealth of Australia

Eighth Defendant

Procedural Posture

Civil / Post Dismissal Procedural Applications

Legal Issues

  1. 1 Whether the slip rule should be applied to vary the costs order to correct a monetary sum
  2. 2 Whether leave should be granted to file an amended statement of claim following dismissal of proceedings

Ratio Decidendi

The court exercised the slip rule to correct the costs order to reflect the correct sum, as there was no substantive objection, and refused leave to file an amended statement of claim post-dismissal, as the final order had been made and procedural rules did not permit reopening the proceeding in the circumstances presented.

Court Disposition

Application by Commonwealth defendants to correct the order granted; application by Mr Islam for leave to amend refused.

Orders

  • Order 3 made on 10 November 2023 varied to substitute $15,683 for $15,517 as correct sum under costs order.
  • Mr Islam's informal application to file an 'Amended Statement of Claim' refused.