Rahman v Dubs [2011] NSWSC 376

Rahman v Dubs [2011] NSWSC 376

The Notice of Motion is without merit as it seeks to reagitate matters already determined by the Court and Court of Appeal, in breach of an order requiring leave to file further motions. The Plaintiff’s conduct satisfies the threshold for an indemnity costs order due to repeated, unreasonable relitigation.

Parties
Plaintiff: Mohammad Tabibar Rahman; Defendant: Rosalind Dubs
Jurisdiction
Australia
Judgment Date
03 May 2011
Procedural Posture
Notice of Motion in Civil Proceedings (common Law Division) / Interlocutory Application – Determination of Notice of Motion Filed 15 April 2011
Outcome
Notice of Motion dismissed. Plaintiff to pay Defendant’s costs on indemnity basis, assessable forthwith.
Legal Topics
Interlocutory Applications, Indemnity Costs, Requirement for Leave to File Motions, Abuse of Process
Civil Procedure Interlocutory Applications Indemnity Costs Requirement for Leave to File Motions Abuse of Process

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Parties

Mohammad Tabibar Rahman

Plaintiff

Rosalind Dubs

Defendant

Procedural Posture

Notice of Motion in Civil Proceedings (common Law Division) / Interlocutory Application – Determination of Notice of Motion Filed 15 April 2011

Legal Issues

  1. 1 Whether Plaintiff may file further Notices of Motion without leave contrary to prior court order
  2. 2 Whether proceedings should proceed by Summons or by pleadings as previously ordered
  3. 3 Whether indemnity costs order should be made against Plaintiff

Ratio Decidendi

The Notice of Motion is without merit as it seeks to reagitate matters already determined by the Court and Court of Appeal, in breach of an order requiring leave to file further motions. The Plaintiff’s conduct satisfies the threshold for an indemnity costs order due to repeated, unreasonable relitigation.

Court Disposition

Notice of Motion dismissed. Plaintiff to pay Defendant’s costs on indemnity basis, assessable forthwith.

Orders

  • The Notice of Motion filed on 15 April 2011 is dismissed.
  • The Plaintiff is to pay the Defendant's costs on an indemnity basis with leave to assess those costs forthwith.