Cox v Journeaux (No 2) [1935] HCA 48

Cox v Journeaux (No 2) [1935] HCA 48

The plaintiff's case is hopeless, discloses no reasonable cause of action, and is not for a personal injury or wrong within the meaning of Bankruptcy Act s 63(3); in the circumstances, the Court should exercise its inherent jurisdiction to stay the action as vexatious and order costs against the plaintiff.

Parties
Plaintiff: Benjamin John Cox; Defendant: Herbert Fogelstrom Journeaux; Defendant: Horace Frank Richardson; Defendant: Thomas Allan McKay; Defendant: Arthur Vesey Walker
Jurisdiction
Australia
Procedural Posture
Civil / Application for Stay/strike Out After Bankruptcy
Outcome
action stayed (permanently); costs against plaintiff
Legal Topics
Vexatious Proceedings, Stay of Action, Conspiracy to Injure, Directors Duties
Bankruptcy Company Law Civil Procedure Vexatious Proceedings Stay of Action Conspiracy to Injure Directors Duties

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 2 Authorities cited 15 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Benjamin John Cox

Plaintiff

Herbert Fogelstrom Journeaux

Defendant

Horace Frank Richardson

Defendant

Thomas Allan McKay

Defendant

Arthur Vesey Walker

Defendant

Procedural Posture

Civil / Application for Stay/strike Out After Bankruptcy

Legal Issues

  1. 1 Whether the action should be stayed as frivolous and vexatious
  2. 2 Whether the plaintiff, as a bankrupt, can continue the action in his own name under s 63(3) of the Bankruptcy Act 1924-1933
  3. 3 Whether the statement of claim discloses a reasonable cause of action

Ratio Decidendi

The plaintiff's case is hopeless, discloses no reasonable cause of action, and is not for a personal injury or wrong within the meaning of Bankruptcy Act s 63(3); in the circumstances, the Court should exercise its inherent jurisdiction to stay the action as vexatious and order costs against the plaintiff.

Court Disposition

action stayed (permanently); costs against plaintiff

Orders

  • Action stayed for ever
  • Plaintiff to pay defendants' costs of the action including the costs of the summonses