Ogbonna v CTI Logistics Ltd (No 6) [2024] FCA 1134

Ogbonna v CTI Logistics Ltd (No 6) [2024] FCA 1134

Leave was refused as the proposed interlocutory application was vexatious, an abuse of process, substantially repetitive of previous applications, and raised no reasonably arguable legal or constitutional issue warranting leave to file.

Parties
Appellant: Celestine Ogbonna; First Respondent: CTI Logistics Ltd (ACN 008 778 925); Second Respondent: Mark Vanderlist; Third Respondent: Tim Barton
Jurisdiction
Australia
Judgment Date
25 September 2024
Procedural Posture
Appeal / Application for Leave to File Interlocutory Application
Outcome
Leave to file the interlocutory application refused; documents not accepted for filing
Legal Topics
Vexatious Proceedings, Leave to File, Interlocutory Applications, Abuse of Process, Constitutional Matters
Practice and Procedure Vexatious Proceedings Leave to File Interlocutory Applications Abuse of Process Constitutional Matters

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Parties

Celestine Ogbonna

Appellant

CTI Logistics Ltd (ACN 008 778 925)

First Respondent

Mark Vanderlist

Second Respondent

Tim Barton

Third Respondent

Procedural Posture

Appeal / Application for Leave to File Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to file a further interlocutory application by a litigant subject to a vexatious proceedings order
  2. 2 Whether the proposed application raises a constitutional matter sufficient to require notice under s 78B of the Judiciary Act 1903 (Cth)

Ratio Decidendi

Leave was refused as the proposed interlocutory application was vexatious, an abuse of process, substantially repetitive of previous applications, and raised no reasonably arguable legal or constitutional issue warranting leave to file.

Court Disposition

Leave to file the interlocutory application refused; documents not accepted for filing

Orders

  • Leave be refused for the appellant to file the interlocutory application and the supporting affidavit lodged on 20 September 2024.
  • The Form 35 interlocutory application, Form 59 affidavit, and Form 18 Notice of a Constitutional matter under section 78B of the Judiciary Act 1903 (Cth) lodged on 20 September 2024 not be accepted for filing.