Rahman v Riordan [2011] NSWCA 142

Rahman v Riordan [2011] NSWCA 142

The Notice of Motion was dismissed because the applicant identified no sensible or arguable basis for his assertions that earlier courts were improperly constituted, that judges engaged in misconduct or prejudice, or that the matter should be adjourned to a different panel.

Jurisdiction
Australia
Judgment Date
30 May 2011
Procedural Posture
Civil Appeal Application / Notice of Motion Dated 16 March 2011 to Set Aside Earlier Orders
Outcome
Notice of Motion dated 16 March 2011 dismissed with costs.
Legal Topics
['application to Set Aside Orders' 'leave Application' 'constitution of the Court' 'allegations of Judicial Misconduct or Bias' 'adjournment Request']
['civil Procedure' 'appeals'] ['application to Set Aside Orders' 'leave Application' 'constitution of the Court' 'allegations of Judicial Misconduct or Bias' 'adjournment Request']

Case Brief

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Procedural Posture

Civil Appeal Application / Notice of Motion Dated 16 March 2011 to Set Aside Earlier Orders

Legal Issues

  1. 1 ['Whether orders made by the Court on 23 September, 1 November, 15 December 2010 and 9 March 2011 should be set aside.' 'Whether one or more earlier courts was not properly constituted under the Supreme Court Act 1970.' 'Whether allegations of judicial misconduct, racism, abuse of statutes, lack of intellectual honesty, or prejudice based on social class provided a basis for relief.' 'Whether the Notice of Motion should be adjourned for hearing before a different panel of judges.']

Ratio Decidendi

The Notice of Motion was dismissed because the applicant identified no sensible or arguable basis for his assertions that earlier courts were improperly constituted, that judges engaged in misconduct or prejudice, or that the matter should be adjourned to a different panel.

Court Disposition

Notice of Motion dated 16 March 2011 dismissed with costs.

Orders

  • ['Notice of Motion dated 16 March 2011 dismissed with costs.']