Mohammad Tabibar Rahman v Peter Blair

[2015] HCASL 210

MOHAMMAD TABIBAR RAHMAN

v

PETER BLAIR & ORS

[2015] HCASL 210
S31/2015

1. On 10 February 2014, a judge of the Supreme Court of New South Wales (Adams J) ordered, pursuant to the Vexatious Proceedings Act 2008 (NSW), that the applicant be prohibited from instituting proceedings in New South Wales without leave of the Supreme Court of New South Wales. His Honour's reasons for judgment have the medium neutral citation: [2014] NSWSC 42.

2. On 18 December 2014, the applicant filed a summons in the Supreme Court of New South Wales, Matter 2014/371482, seeking leave to institute a proceeding in New South Wales.

3. On 13 March 2015, a judge of the Supreme Court of New South Wales (Garling J) ordered that the applicant's application for leave to institute proceedings be dismissed. Garling J's reasons for judgment have the medium neutral citation: [2015] NSWSC 164.

4. By this application, which was filed in this Court on 5 March 2015, the applicant seeks an order pursuant to s 40 of the Judiciary Act 1903 (Cth) that the whole of proceeding 2014/371482 be removed to this Court. He also seeks a range of further or other relief including a declaration that the sequestration order by which he was made a bankrupt was "not Constitutionally permissible on the ground that neither the Commonwealth Constitution nor the States have Constitutional power to confer State Jurisdiction on Federal Court, as it is outside the Legislative powers of the Parliament".

5. The orders of Garling J which were made on 13 March 2015 put an end to proceeding 2014/371482 and, therefore, there is no longer any proceeding to remove to this Court.  For that reason, the application for its removal is incompetent.  The idea that the sequestration order was unconstitutional is equally misconceived and is devoid of merit.  The application does not raise an arguable constitutional issue.

6. Pursuant to rr 26.06.3 and 41.11.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

G.A.A. Nettle
11 November 2015 M.M. Gordon