Rahman v Rahman (No 2)
Case
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[2025] NSWCA 194
•21 August 2025
Details
AGLC
Case
Decision Date
Rahman v Rahman (No 2) [2025] NSWCA 194
[2025] NSWCA 194
21 August 2025
CaseChat Overview and Summary
In *Rahman v Rahman (No 2)*, heard before Price AJA, the applicant sought an order for expedition of proceedings. The respondents opposed this application.
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.
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.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Stay of Proceedings
Actions
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Citations
Rahman v Rahman (No 2) [2025] NSWCA 194
Most Recent Citation
Pang & Qing [2022] FedCFamC2F 768
Cases Cited
10
Statutory Material Cited
3
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