Rahman v Attorney General of New South Wales (No 2) [2016] NSWCA 357

Rahman v Attorney General of New South Wales (No 2) [2016] NSWCA 357

There was no evidence or argument demonstrating that the orders were made irregularly, illegally or against good faith, nor were the circumstances of r 36.16 engaged; therefore, there was no basis to set aside or vary the previous orders.

Source-derived case information.

Parties
Applicant: Mohammad Tabibar Rahman; Respondent: Attorney General of New South Wales
Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Appeal / Application to Set Aside or Vary Order; Notice of Motion
Outcome
Notice of motion dismissed with costs.
Legal Topics
Setting Aside Orders, Variation of Judgment, Procedural Rulings
Civil Procedure Setting Aside Orders Variation of Judgment Procedural Rulings

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Parties

Mohammad Tabibar Rahman

Applicant

Attorney General of New South Wales

Respondent

Procedural Posture

Appeal / Application to Set Aside or Vary Order; Notice of Motion

Legal Issues

  1. 1 Whether the Court's previous order dismissing the application for leave to appeal should be set aside or varied under Uniform Civil Procedure Rules 2005 (NSW) rr 36.15 or 36.16

Ratio Decidendi

There was no evidence or argument demonstrating that the orders were made irregularly, illegally or against good faith, nor were the circumstances of r 36.16 engaged; therefore, there was no basis to set aside or vary the previous orders.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Applicant's notice of motion filed 28 September 2016 dismissed with costs.