Supreme Court
New South Wales
Medium Neutral Citation: Rahman v Rahman (No. 3) [2025] NSWSC 678 Hearing dates: 11 June 2025 Date of orders: 12 June 2025 Decision date: 27 June 2025 Jurisdiction: Equity Before: Slattery J Decision: See [75]
Catchwords: CIVIL PROCEDURE – Interim preservation – preservation of property – where plaintiff obtained orders to enter real property to obtain personal goods but has failed to comply with a Court order as to retrieving the goods – where the Court has provided further opportunity for the plaintiff to obtain personal goods
FAMILY LAW — Property — Property of relationship — Injunctions and restraints – Where Husband has obtained orders to enter real property to obtain personal goods but has failed to comply with Court orders as to retrieving goods – where trustees have been appointed to dispose of family property – where Husband has been restrained from entering property
Legislation Cited: Civil Procedure Act 2005
Conveyancing Act 1919
Cases Cited: Ahmad v Mohamed [2022] NSWSC 1445
Burnett v Browne(No 4) [2021] FCA 933
Lopilato v Ghougassian(No 3) [2022] FCA 1532
Makki v Makki [2024] NSWSC 1481
Miric v Romanous [2021] NSWSC 805
Perugini v Perugini [2023] NSWSC 1274
Quaresmini v Huang [2022] QCA 133
Rahman v Rahman [2024] NSWSC 1616
Rahman v Rahman (No. 2) [2025] NSWSC 516
Rahman v Rahman [2025] NSWCA 126
Shah v Sanjiv [2014] NSWSC 1535
Szepesary v Weston (Trustee) [2017] FCA 344
Valceski v Valceski [2007] NSWSC 440
Williams v Spautz (1992) 174 CLR 509
Texts Cited: N/A
Category: Procedural rulings Parties: Mr Fahmid Rahman (Plaintiff)
Ms Mita Rahman (First Defendant)
Ms Wafa Rahman (Second Defendant)
Mr Andrew Fleming and Mr Stefano Calabretta (Trustees)Representation: Solicitors:
MIC Lawyers (Second Defendant)
Plaintiff (Self-Represented)
First Defendant (Self-Represented)
Walker and White and Emerson Lewis Lawyers (Trustees)
File Number(s): 2024/374705 Publication restriction: N/A
EX TEMPORE JUDGMENT (REVISED)
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The is my third judgment in these proceedings between Mr Fahmid Rahman and Ms Mita Rahman. It determines a motion heard yesterday, 11 June 2024.
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The full relevant background to these proceedings is set out in my two prior judgments. The first judgment is Rahman v Rahman [2024] NSWSC 1616, and the second judgment is Rahman V Rahman (No. 2) [2025] NSWSC 516. These reasons assume familiarity with both those judgments. Events, matters and persons are referred to in all judgments in the same way.
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Since my second judgment the matter has gone to the Court of Appeal upon the application of Mr Rahman, resulting in the decision of Adamson JA: Rahman v Rahman [2025] NSWCA 126.
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By motion filed on 30 May 2025, the trustees for sale of the two subject properties, referred to in this judgment respectively as property 1 and property 1A, seek the following orders in respect of those properties against Mr Rahman:
“1. ORDER that, until 10am on 11 July 2025, Fahmid Rahman be restrained by himself, his servants, employees, agents, or contractors…
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- AGLC
- Rahman v Rahman (No. 3) [2025] NSWSC 678
- Case
- [2025] NSWSC 678
- Decision Date
CaseChat Overview and Summary
The Court considered the history of the case and the previous orders made, as well as the reasons for the plaintiff's failure to comply with the orders. The Court noted that the plaintiff had been granted multiple opportunities to retrieve personal goods, but had failed to do so. The Court also considered the need to protect the interests of the trustees in disposing of family property, and the potential impact of the husband's entry into the property on this process. The Court held that further orders should be granted to the plaintiff to retrieve personal goods, but that these orders should be conditional on the plaintiff complying with certain requirements, such as providing evidence of compliance with previous orders.
In conclusion, the Court granted orders to the plaintiff to retrieve personal goods from the family home, but on the condition that the plaintiff provide evidence of compliance with previous orders and take certain steps to ensure that the trustees' interests in disposing of family property are protected. The Court emphasised the importance of complying with Court orders and the need to balance the interests of all parties in family law disputes. The orders reflect the Court's commitment to ensuring that family property is divided fairly and that the interests of all parties are protected.
Orders
Orders of the court
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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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