Crocker v Infa-Secure Pty Ltd [2018] FCA 84

Crocker v Infa-Secure Pty Ltd [2018] FCA 84

Ms Crocker's application to annul her bankruptcy should be dismissed as it is frivolous or vexatious and raises no factual or legal basis undermining the sequestration order; cumulatively, her repeated institution of unmeritorious proceedings justifies a vexatious proceedings order prohibiting her from instituting further proceedings, with specified exceptions.

Parties
Applicant (qud 668 of 2017) / Respondent (qud 706 of 2017): Debra Ann Crocker; Respondent (qud 668 of 2017) / Applicant (qud 706 of 2017): Infa-Secure Pty Ltd ACN 149 173 660
Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Applications in Bankruptcy and Vexatious Proceedings / Judgment After Hearing of Both Annulment and Vexatious Proceedings Applications
Outcome
Annulment application dismissed; vexatious proceedings order made
Legal Topics
Annulment of Bankruptcy, Vexatious Proceedings, Costs, Access to Justice, Contempt of Court
Bankruptcy Civil Procedure Annulment of Bankruptcy Vexatious Proceedings Costs Access to Justice Contempt of Court

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Parties

Debra Ann Crocker

Applicant (qud 668 of 2017) / Respondent (qud 706 of 2017)

Infa-Secure Pty Ltd ACN 149 173 660

Respondent (qud 668 of 2017) / Applicant (qud 706 of 2017)

Procedural Posture

Applications in Bankruptcy and Vexatious Proceedings / Judgment After Hearing of Both Annulment and Vexatious Proceedings Applications

Legal Issues

  1. 1 Whether the applicant's bankruptcy should be annulled under s 153B of the Bankruptcy Act 1966 (Cth)
  2. 2 Whether a vexatious proceedings order should be made under s 37AO of the Federal Court of Australia Act 1976 (Cth)

Ratio Decidendi

Ms Crocker's application to annul her bankruptcy should be dismissed as it is frivolous or vexatious and raises no factual or legal basis undermining the sequestration order; cumulatively, her repeated institution of unmeritorious proceedings justifies a vexatious proceedings order prohibiting her from instituting further proceedings, with specified exceptions.

Court Disposition

Annulment application dismissed; vexatious proceedings order made

Orders

  • The applicant's application for annulment of bankruptcy be dismissed (QUD 668 of 2017).
  • The statement of claim, affidavit of the applicant and each submission filed by the applicant not be made available to a non-party without leave of the court or a judge (QUD 668 of 2017).