Garrett v Make Wine Pty Ltd [2015] FCA 593

Garrett v Make Wine Pty Ltd [2015] FCA 593

None of the applicant's proposed grounds demonstrated any reasonably arguable error or satisfied the threshold for leave to appeal. The applicant lacked standing for most claims due to bankruptcy, and the proceedings were properly dismissed as an abuse of process. Orders under s 37AO, including costs, were validly made.

Jurisdiction
Australia
Judgment Date
17 June 2015
Procedural Posture
Application for Leave to Appeal / Final Determination of Leave to Appeal
Outcome
Application for leave to appeal dismissed with costs
Legal Topics
['leave to Appeal' 'abuse of Process' 'standing' 'vexatious Litigant Orders' 'bankruptcy and Insolvency' 'summary Dismissal']
['practice and Procedure'] ['leave to Appeal' 'abuse of Process' 'standing' 'vexatious Litigant Orders' 'bankruptcy and Insolvency' 'summary Dismissal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Final Determination of Leave to Appeal

Legal Issues

  1. 1 ['Whether the decision by Mortimer J was attended with sufficient doubt to warrant reconsideration' 'Whether substantial injustice would result to the applicant if leave were refused supposing the decision to be wrong' 'Whether applicant had standing in respect of claims arising from the 2000 Deed' 'Whether the proceedings constituted an abuse of process' 'Whether vexatious litigant orders were properly made']

Ratio Decidendi

None of the applicant's proposed grounds demonstrated any reasonably arguable error or satisfied the threshold for leave to appeal. The applicant lacked standing for most claims due to bankruptcy, and the proceedings were properly dismissed as an abuse of process. Orders under s 37AO, including costs, were validly made.

Court Disposition

Application for leave to appeal dismissed with costs

Orders

  • ["The applicant's application for leave to appeal is dismissed." "The applicant is to pay the respondents' costs of and incidental to his application."]