Islam & Anor v Ul Karim [2023] NSWSC 717

Islam & Anor v Ul Karim [2023] NSWSC 717

The plaintiffs' Summons did not disclose any reasonable cause of action. Mr Islam, as a director or shareholder, lacks standing to pursue claims for losses properly belonging to the company in liquidation, and cannot bring or maintain proceedings on the company's behalf without the liquidator's consent. The types of orders sought in the Summons (e.g., criminal conviction, reporting to immigration authorities) are outside the court's civil jurisdiction and do not disclose justiciable causes of action. The application for summary dismissal is clearly made out and must be granted.

Jurisdiction
Australia
Judgment Date
26 June 2023
Procedural Posture
Civil / Notice of Motion—application to Dismiss Summons
Outcome
Summons dismissed; costs ordered against first plaintiff.
Legal Topics
['summary Dismissal' 'strike Out' 'reasonable Cause of Action' 'company in Liquidation' 'standing']
['civil Procedure'] ['summary Dismissal' 'strike Out' 'reasonable Cause of Action' 'company in Liquidation' 'standing']

Case Brief

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Procedural Posture

Civil / Notice of Motion—application to Dismiss Summons

Legal Issues

  1. 1 ["Whether the plaintiffs' Summons discloses a reasonable cause of action" 'Whether the proceedings should be dismissed pursuant to rule 13.4 of the UCPR' 'Whether Mr Islam has standing to pursue claims on behalf of the company in liquidation']

Ratio Decidendi

The plaintiffs' Summons did not disclose any reasonable cause of action. Mr Islam, as a director or shareholder, lacks standing to pursue claims for losses properly belonging to the company in liquidation, and cannot bring or maintain proceedings on the company's behalf without the liquidator's consent. The types of orders sought in the Summons (e.g., criminal conviction, reporting to immigration authorities) are outside the court's civil jurisdiction and do not disclose justiciable causes of action. The application for summary dismissal is clearly made out and must be granted.

Court Disposition

Summons dismissed; costs ordered against first plaintiff.

Orders

  • ['The Summons is dismissed pursuant to rule 13.4 of the UCPR.' "The first plaintiff is to pay the defendant's costs of and incidental to the Summons."]