Mohammad Tabibar Rahman v Guy Moloney

[2015] HCASL 37

MOHAMMAD TABIBAR RAHMAN

v

GUY MOLONEY & ORS

[2015] HCASL 37
S282/2014

1. On 10 February 2014, the Supreme Court of New South Wales (Adams J) ordered, under the Vexatious Proceedings Act 2008 (NSW), that the applicant not institute proceedings in New South Wales without leave of that Court.

2. On 23 May 2014, the applicant filed in the Supreme Court of New South Wales a summons naming the respondents as defendants.

3. On 22 August 2014, Button J dismissed the applicant's application for leave to continue the proceedings he had sought to commence by filing the summons. By operation of s 13(3) of the Vexatious Proceedings Act, the proceedings in the Supreme Court are taken to have been dismissed.

4. In this Court, the applicant seeks an order under s 40 of the Judiciary Act 1903 (Cth) removing into this Court the proceeding he sought to commence in the Supreme Court by the summons filed on 23 May 2014. That proceeding has been dismissed. There is no proceeding pending in the Supreme Court of New South Wales which can be removed.

5. Pursuant to r 41.11.1, as applied by r 26.06.3, of the High Court Rules 2004, we direct the Registrar to draw up, sign and seal an order dismissing the application for removal with costs.

K.M. Hayne
8 April 2015 G.A.A. Nettle