Culleton [2016] FCA 1193

Culleton [2016] FCA 1193

The substantive argument underlying the application for urgent relief is entirely unarguable; neither jurisdiction nor power exists in this Court to make the orders sought, and, in any event, discretion would not be exercised even if it did. Accordingly, the urgent application is dismissed with costs.

Parties
Prospective Applicant: Rodney Culleton; Respondent: Balwyn Nominees Pty Ltd; Respondent: Dakin Farms Pty Ltd; Respondent: Richard Dennis Lester
Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Urgent Application Before Commencement of a Proceeding / Determination at Hearing of Urgent Application
Outcome
application dismissed with costs
Legal Topics
Urgent Relief, Injunction, Freezing Order, Judicial Allegiance, Appeal
Administrative and Constitutional Law Human Rights Urgent Relief Injunction Freezing Order Judicial Allegiance Appeal

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Parties

Rodney Culleton

Prospective Applicant

Balwyn Nominees Pty Ltd

Respondent

Dakin Farms Pty Ltd

Respondent

Richard Dennis Lester

Respondent

Procedural Posture

Urgent Application Before Commencement of a Proceeding / Determination at Hearing of Urgent Application

Legal Issues

  1. 1 Whether urgent injunctive relief restraining enforcement of a District Court judgment should be granted
  2. 2 Whether judgment obtained in District Court was subject of any true right of appeal where applicant was a bankrupt at the time of the appeals
  3. 3 Whether Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 (WA) voids jurisdiction of Western Australian courts

Ratio Decidendi

The substantive argument underlying the application for urgent relief is entirely unarguable; neither jurisdiction nor power exists in this Court to make the orders sought, and, in any event, discretion would not be exercised even if it did. Accordingly, the urgent application is dismissed with costs.

Court Disposition

application dismissed with costs

Orders

  • The urgent application before commencement of a proceeding filed 30 September 2016 be dismissed.
  • The prospective applicant pay the costs of Balwyn Nominees Pty Ltd, Dakin Farms Pty Ltd and Mr Lester, to be assessed if not agreed.