Rahman v Rahman (No 2)

Rahman (applicant) brought proceedings against Rahman (respondent) in the Court of Appeal of New South Wales. The applicant sought to challenge a decision made in prior proceedings. The core of the dispute concerned allegations that the applicant had been denied procedural fairness during the hearing of those prior proceedings.

The Court of Appeal was required to determine whether the applicant had been denied procedural fairness. Specifically, the court had to consider whether the transcript of the hearing under review demonstrated that the applicant was prevented from presenting his case or arguments to the court.

The Court of Appeal found that the transcript did not support the applicant's claim of a denial of procedural fairness. The judges concluded that there was nothing in the record of the hearing to indicate that the applicant was unable to put forward what he wished to say. Consequently, the court dismissed the applicant's summons. The applicant was ordered to pay the respondent's costs.