Australia, July 28 -- New South Wales Land and Environment Court issued text of the following judgement on June 27:

1. 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.

2. 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.

3. 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.

4. 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 from:

a. trespassing or entering [property 1] or [property 1A] (properties);

b. entering within a 200-metre radius of the Properties; and

c. interfering with the removal of personal items or rubbish or other chattels by the registered proprietors of the Properties, being Andrew John Fleming and Stefano Calabretta, by themselves, or their servants, employees, agents or contractors.

2. Costs."

5. The relief sought on the motion is opposed by Mr Rahman, who appeared without legal representation as did Ms Rahman. Although leave was given again to Ms Rahman to be assisted by her next friend, Mr Gilmore. The motion was heard on 11 June 2025 commencing at 2.00pm. Mr McIntyre of counsel appeared for the trustees, jointly instructed by Walker and White and Emerson Lewis Lawyers.

6. After hearing submissions from both sides, the Court reserved judgment overnight. Because of the need to expeditiously resolve the disputes between these parties, the Court has attempted to give this oral judgment as quickly as possible. Unfortunately, the Court did not have the transcript of argument available at the time of giving these extempore reasons, but it has since become available and has assisted in their revision.

7. The issues for determination arise out of the orders made by the Court on 9 April 2025, concerning the clearance of property 1A to prepare it for sale. The Court's orders of 9 April 2025 are set out below:

"1. GRANTS liberty to Mr Fahmid Rahman to attend the premises property 1A, for the purposes of inspecting, identifying, collecting and removing such property and chattels that remain there that he identifies as his own.

2. ORDERS Mr Rahman to remove all property and chattels from property 1A by no later than 29 April 2025.

3. GRANTS liberty to Mr Rahman to provide a list of personal property and chattels which he claims were in his possession at the time of the Federal Circuit and Family Court of Australia Orders of 23 March 2023 which were not at property 1A at the time of his inspection pursuant to ORDER 1.

4. ORDERS that on and from 30 April 2025, the Trustees are at liberty to dispose of all remaining chattels and personal property left at property 1A with any fees and disbursements incurred in doing so to be deducted from the sale proceeds.

5. NOTES that the Trustees are going to seek an advice from an Agent as to the best method of selling the property 1A with a view to maximising the value of the property and will report to the Court and the parties on the next mention date as to their proposal for selling that property.

6. ADJOURNS the proceedings before Slattery J on 14 May 2025 at 2pm.

7. GRANTS liberty to relist on 2 days' notice if issues arise in relation to the aveats."

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197af4086fedc034e6d5b683)

Disclaimer: Curated by HT Syndication.