Yap v Granich & Associates [2005] FCA 309

Yap v Granich & Associates [2005] FCA 309

There is no basis upon which the discretion to grant leave to commence the proceeding can be exercised, as the issues raised have already been dealt with in previous judgments and the applicant is seeking to relitigate those same issues.

Jurisdiction
Australia
Judgment Date
04 March 2005
Procedural Posture
Application for Leave to Commence Proceeding to Set Aside Sequestration Order / Notice of Motion Refused
Outcome
Leave to commence the proceeding refused.
Legal Topics
['sequestration Order' 'vexatious Litigants' 'leave to Commence Proceeding' 'relitigation of Issues']
['bankruptcy' 'civil Procedure'] ['sequestration Order' 'vexatious Litigants' 'leave to Commence Proceeding' 'relitigation of Issues']

Case Brief

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Procedural Posture

Application for Leave to Commence Proceeding to Set Aside Sequestration Order / Notice of Motion Refused

Legal Issues

  1. 1 ['Whether leave should be granted to commence application to set aside the sequestration order of 10 December 1998' "Whether the applicant's motion seeks to relitigate matters already determined" 'Whether the affidavit in support raises new evidence not previously considered']

Ratio Decidendi

There is no basis upon which the discretion to grant leave to commence the proceeding can be exercised, as the issues raised have already been dealt with in previous judgments and the applicant is seeking to relitigate those same issues.

Court Disposition

Leave to commence the proceeding refused.

Orders

  • ["The applicant's notice of motion filed 25 February 2005 be refused." 'There be no order as to costs.']