Skyring, in the matter of Skyring [2014] FCA 397
The application must be dismissed because it is vexatious and seeks to relitigate issues that have already been exhaustively and finally determined by the Court and other courts.
- Parties
- Applicant: Alan George Skyring
- Jurisdiction
- Australia
- Judgment Date
- 23 April 2014
- Procedural Posture
- Application / Decision on Application for Leave to Institute Proceedings
- Outcome
- Application dismissed
- Legal Topics
- Vexatious Litigant, Leave to Institute Proceedings, Abuse of Process
Case Brief
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Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 1
Parties
Alan George Skyring
Applicant
Procedural Posture
Application / Decision on Application for Leave to Institute Proceedings
Legal Issues
- 1 Whether leave to institute proceedings should be granted to a vexatious litigant
- 2 Whether the applicant is seeking to relitigate claims that have already been finally determined
- 3 Whether the proceedings are vexatious or an abuse of process
Ratio Decidendi
The application must be dismissed because it is vexatious and seeks to relitigate issues that have already been exhaustively and finally determined by the Court and other courts.
Court Disposition
Application dismissed
Orders
- The originating application filed on 30 October 2013 is dismissed.
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