Ogbonna v CTI Logistics Limited (No 4) [2022] FCA 358

Ogbonna v CTI Logistics Limited (No 4) [2022] FCA 358

Leave to file the new proposed notice to admit is refused because it is not in the proper form, does not seek to narrow the issues or seek admissions on discrete matters, and would serve no useful purpose. It merely calls upon the respondents to withdraw and would impose unnecessary costs.

Jurisdiction
Australia
Judgment Date
06 April 2022
Procedural Posture
Application / Interlocutory (application for Leave to File Notice to Admit)
Outcome
Leave to file the new proposed notice to admit is refused. Previous order varied to clarify process for future applications.
Legal Topics
['vexatious Litigant Applications' 'leave to File Documents' 'notice to Admit']
['civil Procedure'] ['vexatious Litigant Applications' 'leave to File Documents' 'notice to Admit']

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Procedural Posture

Application / Interlocutory (application for Leave to File Notice to Admit)

Legal Issues

  1. 1 ['Whether leave should be granted to file a new notice to admit in light of previous refusals and the form of the notice']

Ratio Decidendi

Leave to file the new proposed notice to admit is refused because it is not in the proper form, does not seek to narrow the issues or seek admissions on discrete matters, and would serve no useful purpose. It merely calls upon the respondents to withdraw and would impose unnecessary costs.

Court Disposition

Leave to file the new proposed notice to admit is refused. Previous order varied to clarify process for future applications.

Orders

  • ['The request for leave dated 1 April 2022 is refused.' 'Order 7 of the orders made 7 February 2022 is varied: Until further order, save for any minutes of orders to be considered at the case management hearing and any application pursuant to this order, no party shall file any further application in these...