Ogbonna v CTI Logistics Ltd (No 4) [2024] FCA 1035

Ogbonna v CTI Logistics Ltd (No 4) [2024] FCA 1035

Leave to file the proposed interlocutory application was refused as the application failed to raise a reasonably arguable ground to set aside or vary the orders of 28 March 2024 or to review the Registrar’s orders of 19 June 2024. The affidavit contained assertions without factual basis and made unfounded and abusive allegations, amounting to an abuse of process. The application for review was also out of time and no extension was sought or justified.

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
05 September 2024
Procedural Posture
Appeal / Leave Application to File Interlocutory Application
Outcome
Leave to file the proposed interlocutory application refused.
Legal Topics
Vexatious Proceedings Order, Leave to File Interlocutory Application, Abuse of Process, Frivolous or Vexatious Documents, Appeal Procedure
Practice and Procedure Insolvency Law Vexatious Proceedings Order Leave to File Interlocutory Application Abuse of Process Frivolous or Vexatious Documents Appeal Procedure

Case Brief

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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 / Leave Application to File Interlocutory Application

Legal Issues

  1. 1 Whether leave should be granted to file a proposed interlocutory application to vary or set aside previous court and Registrar's orders.
  2. 2 Whether the application or affidavit is an abuse of process, frivolous or vexatious.

Ratio Decidendi

Leave to file the proposed interlocutory application was refused as the application failed to raise a reasonably arguable ground to set aside or vary the orders of 28 March 2024 or to review the Registrar’s orders of 19 June 2024. The affidavit contained assertions without factual basis and made unfounded and abusive allegations, amounting to an abuse of process. The application for review was also out of time and no extension was sought or justified.

Court Disposition

Leave to file the proposed interlocutory application refused.

Orders

  • Leave refused for the appellant to file the interlocutory application for orders to vary or set aside orders of the Court made on 28 March 2024 and for review of the Registrar's orders made on 19 June 2024 and the affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 27 August 2024.
  • The following documents lodged on 27 August 2024 not be accepted for filing: (a) Form 35 interlocutory application of the appellant; (b) Form 59 affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 27 August 2024.