Rahman v Riordan [2011] NSWCA 54

Rahman v Riordan [2011] NSWCA 54

The applicant failed to demonstrate any arguable error, irregularity, lack of jurisdiction or improper constitution of the Court to warrant setting aside the orders dismissing his leave application; accordingly, the motion was dismissed with costs.

Parties
Applicant: Mohammad Tabibar Rahman; First Respondent: Peter Riordan; Second Respondent: David McGrath
Jurisdiction
Australia
Judgment Date
09 March 2011
Procedural Posture
Appeal / Application to Set Aside Orders Dismissing Leave Application
Outcome
Notice of motion dismissed with costs.
Legal Topics
Setting Aside Orders, Constitution of Court, Appointments of Acting Judges
Civil Procedure Setting Aside Orders Constitution of Court Appointments of Acting Judges

Case Brief

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Parties

Mohammad Tabibar Rahman

Applicant

Peter Riordan

First Respondent

David McGrath

Second Respondent

Procedural Posture

Appeal / Application to Set Aside Orders Dismissing Leave Application

Legal Issues

  1. 1 Whether orders dismissing leave application should be set aside
  2. 2 Whether the Court was properly constituted
  3. 3 Validity of appointment of acting judges

Ratio Decidendi

The applicant failed to demonstrate any arguable error, irregularity, lack of jurisdiction or improper constitution of the Court to warrant setting aside the orders dismissing his leave application; accordingly, the motion was dismissed with costs.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • The notice of motion dated 23 December 2010 is dismissed with costs.