Rahman v Al-Maharmeh (No 2)

In *Rahman v Al-Maharmeh (No 2)*, the New South Wales Court of Appeal considered an appeal concerning the refusal of leave to commence proceedings out of time. The primary dispute revolved around the delay in commencing these proceedings, which was attributed to the appellant's solicitors. The respondent had opposed the application in the court below, arguing that the court had erred in its decision.

The Court of Appeal was required to determine whether to grant leave to commence proceedings out of time, and importantly, the appropriate orders for costs. This included considering whether personal costs orders should be made against the appellant's solicitors, both as between the respondent and the solicitors, and as between the appellant and the solicitors.

The Court found that the delay in commencing proceedings was unsatisfactory and not adequately explained. While the respondent had opposed the application, thereby increasing costs, the Court declined to make a personal costs order against the respondent. However, the Court determined that the appellant's solicitors had acted negligently and incurred costs without reasonable cause. Despite an undertaking by the solicitors not to seek costs against the appellant, the Court made orders for costs as between the appellant and their solicitors.