Rahman v Attorney General of New South Wales (No 2)

Rahman applied for leave to appeal to the Court of Appeal of New South Wales against a decision of the primary judge. Following the dismissal of this application for leave to appeal, Rahman filed a notice of motion seeking to set aside or vary that dismissal order. The Attorney General of New South Wales was the respondent.

The central legal issue before the Court of Appeal was whether the applicant had demonstrated sufficient grounds to warrant setting aside or varying the prior order dismissing his application for leave to appeal. This required the court to consider whether there was any question of principle involved in the original dismissal.

Meagher and Payne JJA reasoned that the applicant's motion did not raise any question of principle that would justify disturbing the earlier decision. The court found no error in the original dismissal of the application for leave to appeal. Consequently, the court dismissed Rahman’s notice of motion.

The applicant’s notice of motion filed on 28 September 2016 was dismissed with costs.