Garrett v The Chief Executive of Austrade (No 3) [2015] FCA 295

Garrett v The Chief Executive of Austrade (No 3) [2015] FCA 295

The applicant did not comply with s 37AR(3)(a), (b) or (c) of the Federal Court of Australia Act 1976 (Cth), and there was no reason not to dismiss the application for leave under s 37AS(1). Additionally, to the extent that the proposed Interlocutory Application related to paragraphs 2, 3, 4 and 5 of the orders sought, the proceeding would be vexatious within the meaning of s 37AM(1), requiring dismissal under s 37AS(2).

Jurisdiction
Australia
Judgment Date
31 March 2015
Procedural Posture
Application for Leave Pursuant to S 37 Ar(2) of the Federal Court of Australia Act 1976 (cth) to Institute a Proceeding by Way of Interlocutory Application / Determined on the Papers
Outcome
The applicant's Interlocutory Application dated 17 March 2015 was dismissed.
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'interlocutory Application' 'dismissal Without Oral Hearing']
['civil Procedure' 'federal Court Practice and Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'interlocutory Application' 'dismissal Without Oral Hearing']

Case Brief

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Procedural Posture

Application for Leave Pursuant to S 37 Ar(2) of the Federal Court of Australia Act 1976 (cth) to Institute a Proceeding by Way of Interlocutory Application / Determined on the Papers

Legal Issues

  1. 1 ['Whether the applicant complied with s 37AR(3) of the Federal Court of Australia Act 1976 (Cth) in support of his application for leave.' 'Whether the application for leave should be dismissed pursuant to s 37AS(1) of the Federal Court of Australia Act 1976 (Cth).' 'Whether the proposed proceeding would be vexatious within the meaning of paras (b) and (c) of the definition of "vexatious proceeding" in s 37AM(1) of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

The applicant did not comply with s 37AR(3)(a), (b) or (c) of the Federal Court of Australia Act 1976 (Cth), and there was no reason not to dismiss the application for leave under s 37AS(1). Additionally, to the extent that the proposed Interlocutory Application related to paragraphs 2, 3, 4 and 5 of the orders sought, the proceeding would be vexatious within the meaning of s 37AM(1), requiring dismissal under s 37AS(2).

Court Disposition

The applicant's Interlocutory Application dated 17 March 2015 was dismissed.

Orders

  • ["The applicant's Interlocutory Application dated 17 March 2015 be dismissed."]