Court of Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Rahman v Rahman (No 2) [2025] NSWCA 194 Hearing dates: 21 August 2025 Date of orders: 21 August 2025 Decision date: 21 August 2025 Before: Price AJA Decision: (1) Dismiss the notice of motion filed on 18 August 2025.
(2) The applicant is to pay the first and second respondents’ costs.
Catchwords: CIVIL PROCEDURE – application for expedition – significant delay in bringing application – application dismissed
Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57
Supreme Court Act 1970 (NSW), s 46
Uniform Civil Procedure Rules 2005 (NSW), rr 51.12, 51.58
Cases Cited: Collier v Lancer [2013] NSWCA 185
Daracon Engineering Pty Ltd v Kelsall [2025] NSWCA 153
Elders Rural Finance Ltd v Smith (1995) 38 NSWLR 395
Hannaford v Cactus Imaging Pty Ltd [2008] NSWCA 260; (2008) 176 IR 426
Litigation Fund WCX Pty Ltd v Mitchell (No 3) [2025] NSWCA 67
NSW Smallbore and Air Rifle Association vCommonwealth of Australia [1996] NSWCA 405
Rahman v Rahman [2025] NSWCA 126
Unilever plc v Chefaro Proprietaries Ltd [1995] 1 All ER 587
Valuer-General of New South Wales v In Adam Pty Ltd [2011] NSWCA 306
Category: Procedural rulings Parties: Fahmid Rahman (Applicant) (self-represented)
Mita Farjina Rahman (First Respondent)
Stefano Calabretta and Andrew Fleming (Second Respondent)Representation: Counsel:
Solicitors:
J Brown (First Respondent)
Marsdens Law Group (First Respondent)
Fleming Law Pty Ltd (Second Respondent)
File Number(s): 2025/202852 Publication restriction: Nil Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Equity – Real Property
- Citation:
- Date of Decision:
- 28 November 2024; 16 December 2024; 18 February 2025; 9 April 2025; 14 May 2025; 18 July 2025
- Before:
- Slattery J
- File Number(s):
- 2024/374705
Ex TEMPORE JUDGMENT
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PRICE AJA: The applicant, Fahmid Rahman, by notice of motion filed on 18 August 2025 (“expedition motion”) has brought an application seeking the expedition of his notice of motion filed on 15 August 2025 (“August motion”).
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The orders sought by the applicant in his expedition motion are:
“1. That the [applicant’s] Notice of Motion filed on 15 August 2025 be listed for urgent hearing prior to 23 August 2025.
2. Alternatively, that interim protective orders be made forthwith, namely:
a. The trustees be restrained from taking any steps to market, auction, or otherwise dispose of … [Property 1A in Roselands], pending determination of the appeal or further order.
b. Such further or other orders as the Court deems appropriate in the interests of justice.”
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The applicant’s amended summons seeking leave to appeal filed on 4 June 2025 and notice of motion filed on the same day (“June motion”) are all listed to be heard in the Court of Appeal in less than 3 weeks on 10 September 2025.
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It is apparent that the principal relief sought in the August motion is similar to that in the amended summons and the June motion. The complaints raised by the applicant in those documents…
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- AGLC
- Rahman v Rahman (No 2) [2025] NSWCA 194
- Case
- [2025] NSWCA 194
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether to grant an order for expedition, particularly in light of a significant delay in bringing the application.
Price AJA dismissed the application for expedition, finding that the delay in bringing the application was significant. The court applied the principles governing applications for expedition, which require a compelling justification for such an order, especially when there has been a substantial lapse of time. The court concluded that the applicant had not demonstrated sufficient grounds to warrant expedition in these circumstances.
Consequently, the court ordered the dismissal of the notice of motion filed on 18 August 2025 and directed that the applicant pay the first and second respondents’ costs.
Orders
Orders of the court
(1) Dismiss the notice of motion filed on 18 August 2025.
(2) The applicant is to pay the first and second respondents’ costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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