Ogbonna v CTI Logistics Ltd (No 3) [2024] FCA 872

Ogbonna v CTI Logistics Ltd (No 3) [2024] FCA 872

Leave to file the interlocutory application is refused as the proposed materials do not disclose any reasonably arguable foundation for the relief sought, are an abuse of process and/or frivolous or vexatious, and fail to disclose any properly founded allegations of contempt. The materials contain unfounded and irrelevant assertions, and alleged statutory contraventions do not constitute contempt of court for the present purposes.

Jurisdiction
Australia
Judgment Date
06 August 2024
Procedural Posture
Appeal / Interlocutory Application – Application for Leave to File Interlocutory Application Refused
Outcome
Leave to file interlocutory application refused; documents not accepted for filing.
Legal Topics
['vexatious Proceedings Orders' 'leave to File' 'abuse of Process' 'contempt of Court']
['practice and Procedure' 'commercial Law' 'insolvency'] ['vexatious Proceedings Orders' 'leave to File' 'abuse of Process' 'contempt of Court']

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Procedural Posture

Appeal / Interlocutory Application – Application for Leave to File Interlocutory Application Refused

Legal Issues

  1. 1 ['Whether leave should be granted to file an interlocutory application by an applicant subject to a vexatious proceedings order' 'Whether proposed application is an abuse of process, frivolous or vexatious' 'Whether materials disclose a reasonably arguable case for contempt']

Ratio Decidendi

Leave to file the interlocutory application is refused as the proposed materials do not disclose any reasonably arguable foundation for the relief sought, are an abuse of process and/or frivolous or vexatious, and fail to disclose any properly founded allegations of contempt. The materials contain unfounded and irrelevant assertions, and alleged statutory contraventions do not constitute contempt of court for the present purposes.

Court Disposition

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

Orders

  • ['Leave refused for the appellant to file the interlocutory application, statement of charge, and affidavit lodged on 10 July 2024.' 'The documents lodged on 10 July 2024 (Form 35 interlocutory application, Form 137 statement of charge, Form 59 affidavit) are not accepted for filing.']