Samootin v Shea [2012] NSWCA 378

Ms Samootin did not have standing to bring the application for leave to appeal, as any rights were vested in the Official Trustee upon bankruptcy and did not revest upon discharge; thus, the proceedings constituted an abuse of process and must be dismissed.

Jurisdiction: Australia
Judgment Date: 20 November 2012
Procedural Posture: Application for Leave to Appeal / Leave to Appeal – Dismissed
Outcome: Application for leave to appeal dismissed as an abuse of process.
Legal Topics: ['abuse of Process' 'standing' 'restraint of Proceedings' 'international Treaties']

['practice and Procedure'] ['abuse of Process' 'standing' 'restraint of Proceedings' 'international Treaties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal / Leave to Appeal – Dismissed

Legal Issues

1 ['Whether proceedings should be dismissed as an abuse of process' 'Whether applicant has standing to seek relief' 'Effect of prior orders and bankruptcy on standing' 'Whether international treaties confer rights enforceable in Australian courts']

Ratio Decidendi

Court Disposition

Application for leave to appeal dismissed as an abuse of process.

Orders

['The application for leave to appeal filed by Mrs Samootin on 31 May 2012 is dismissed as an abuse of process.' 'The Registrar is directed, should Mrs Samootin file further court process seeking leave to appeal from specified prior decisions, to vacate the return date, notify parties, and refer the papers to a...