Supreme Court
New South Wales
Medium Neutral Citation: Mohammad Alamin v Hamidul Islam [2025] NSWSC 221 Hearing dates: 14 March 2025 Date of orders: 17 March 2025 Decision date: 17 March 2025 Jurisdiction: Equity - Applications List Before: Brereton J Decision: Motion dismissed with costs.
Catchwords: LEGAL PRACTITIONERS – whether solicitor on record should be restrained from acting for the Defendants – whether solicitor in possession of confidential information regarding the Defendants – getting to know you factors – whether a fair-minded reasonably informed member of the public would regard the proper administration of justice to require the solicitor to be prevented from acting.
Legislation Cited: n/a
Cases Cited: In the Matter of Edgecliff Car Rentals Pty Limited (Deregistered) [2017] NSWSC 244
Kallinicos v Hunt (2005) 64 NSWLR 561
Mumbin v Northern Territory of Australia (No 1) [2020] FCA 475
Porter v Dyer (2022) 402 ALR 659
Re Timbercorp Finance Ltd (in liq) and Others (2019) 137 ACSR 189
Texts Cited: n/a
Category: Consequential orders Parties: Mohammad Alamin (Plaintiff)
Hamidul Islam (Defendant)Representation: Counsel:
Solicitors:
M R Elliott SC (Defendant)
No other appearances
T Hall/D Accoto (Plaintiff)
McCabes (Defendant)
File Number(s): 2023/152391 Publication restriction: n/a
Judgment (amended from transcript)
-
HIS HONOUR: By Notice of Motion filed on 6 February 2025, the Plaintiff seeks an order restraining the Defendants from continuing to instruct the firm of solicitors known as McCabes of Sydney, or any legal practitioner that has been retained by that firm to act, or to appear, or to advise in these proceedings. The focus of the application concerns Mr Dewan, who has conducted these proceedings for the Defendants. However, the application extends to all of the Defendants’ legal representatives, including counsel.
-
The relevant background can be summarised briefly.
-
The Plaintiff, Mr Alamin, and Mr Dewan came to know each other in 2008. They became friends. They share a cultural and religious background.
-
Mr Alamin introduced Mr Dewan to the First Defendant, Mr Islam, in 2015. At the time, Mr Alamin and Mr Islam were business associates. They conducted business activities through companies in what has been called the MH Affordable Group. The business activities concerned the development of broad acre suburban property estates in Western Sydney.
-
As an employed solicitor, Mr Dewan acted as solicitor in various matters for companies in the MH Affordable Group prior to 2021. Mr Dewan was never the solicitor for Mr Alamin personally. He acted for various companies in circumstances where both Mr Alamin and Mr Islam were directors. He took instructions from them, although not always from them both at the same time.
-
The relationship between Mr Alamin and Mr Islam broke down in about the middle of 2021.
-
In 2021, Mr Islam sued Mr Alamin, alleging that Mr Alamin had made a secret profit and misapplied funds. Those proceedings…
Continue reading Mohammad Alamin v Hamidul Islam
Sign in free to access the full text
- AGLC
- Mohammad Alamin v Hamidul Islam [2025] NSWSC 221
- Case
- [2025] NSWSC 221
- Decision Date
CaseChat Overview and Summary
The court considered the "getting to know you" factors in assessing the risk of a conflict of interest. These factors included the nature of the information held by the solicitor, the extent to which the solicitor had become privy to confidential information, and the potential impact of the solicitor acting for the defendants. The court also evaluated whether a fair-minded reasonably informed member of the public would regard the proper administration of justice to require the solicitor to be prevented from acting. After weighing these considerations, the court concluded that there was insufficient evidence to warrant an injunction.
The court found that while the solicitor was in possession of confidential information, there was no concrete evidence of actual or potential conflict of interest that would justify restraining the solicitor from acting for the defendants. The court determined that the risk of a conflict of interest was speculative and did not meet the threshold for an injunction. Consequently, the application for an injunction was dismissed.
The final orders of the court were that the application for an injunction be dismissed, with no orders as to costs.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.