Application by Mohammad Tabibar Rahman [2015] NSWSC 164

Application by Mohammad Tabibar Rahman [2015] NSWSC 164

The application was dismissed because the applicant did not file the affidavit required by s 14(3) of the Vexatious Proceedings Act 2008, did not provide a draft pleading or articulate a rational case for proceedings, no prima facie ground for the proceedings was shown, and as an undischarged bankrupt, the applicant was not entitled to commence proceedings without consent of the Trustee in bankruptcy.

Parties
Applicant: Mohammad Tabibar Rahman
Jurisdiction
Australia
Judgment Date
13 March 2015
Procedural Posture
Application for Leave to Commence Proceedings / Dismissal of Application at Preliminary Stage
Outcome
Application dismissed
Legal Topics
Vexatious Proceedings, Leave to Institute Proceedings, Bankruptcy, Draft Pleading Requirements
Procedure Vexatious Proceedings Leave to Institute Proceedings Bankruptcy Draft Pleading Requirements

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Parties

Mohammad Tabibar Rahman

Applicant

Procedural Posture

Application for Leave to Commence Proceedings / Dismissal of Application at Preliminary Stage

Legal Issues

  1. 1 Whether the applicant's affidavit complies with s 14 of the Vexatious Proceedings Act 2008
  2. 2 Whether a draft pleading or sufficient articulation of the proposed claims has been provided
  3. 3 Whether there is a prima facie ground for proceedings

Ratio Decidendi

The application was dismissed because the applicant did not file the affidavit required by s 14(3) of the Vexatious Proceedings Act 2008, did not provide a draft pleading or articulate a rational case for proceedings, no prima facie ground for the proceedings was shown, and as an undischarged bankrupt, the applicant was not entitled to commence proceedings without consent of the Trustee in bankruptcy.

Court Disposition

Application dismissed

Orders

  • The application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008, contained in the Summons filed 18 December 2014, is dismissed.