Malek Fahd Islamic School Limited v Australian Federation of Islamic Councils Inc

The case before the court involved a dispute between Malek Fahd Islamic School Limited and the Australian Federation of Islamic Councils Inc. The central issue was whether the defendant had disobeyed court orders, and if so, whether this constituted a bar to relief, and whether the defendant should be heard in the matter. The case also addressed whether the plaintiffs' solicitor was retained without authority, and if so, whether the proceedings were a nullity. Additionally, the court considered whether the plaintiffs' solicitor should be ordered to pay the defendant's costs of the proceedings, exercising its discretion under section 98 of the Civil Procedure Act 2005 (NSW).

The legal issues that the court had to decide were whether the defendant's disobedience of court orders constituted a bar to relief and whether the defendant should be heard. The court also needed to determine whether the proceedings were a nullity due to the plaintiffs' solicitor being retained without authority. Furthermore, the court had to consider whether it should exercise its discretion under section 98 of the Civil Procedure Act 2005 (NSW) to order the plaintiffs' solicitor to pay the defendant's costs of the proceedings.

The court held that there is no absolute rule that a party who disobeys court orders should not be heard. It found that the defendant's disobedience did not constitute a bar to relief and that the defendant should be heard in the matter. The court also held that the proceedings were not a nullity due to the plaintiffs' solicitor being retained without authority. Lastly, the court exercised its discretion under section 98 of the Civil Procedure Act 2005 (NSW) and did not order the plaintiffs' solicitor to pay the defendant's costs of the proceedings.

The final orders of the court were that the defendant's disobedience of court orders did not constitute a bar to relief, and the defendant should be heard in the matter. The court also ruled that the proceedings were not a nullity due to the plaintiffs' solicitor being retained without authority. Finally, the court declined to order the plaintiffs' solicitor to pay the defendant's costs of the proceedings under section 98 of the Civil Procedure Act 2005 (NSW).