Croker v Commonwealth of Australia [2008] FCA 972

Croker v Commonwealth of Australia [2008] FCA 972

The application had no merit, the original proceedings were properly dismissed for abuse of process and were frivolous and vexatious, and no adequate justification for extension of time or grant of leave was made. The court's powers under O 20 r 5 are valid and the applicant's claims had no substance.

Parties
Applicant: Clayton Robert Croker; Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
20 May 2008
Procedural Posture
Application for Leave to Extend Time to Seek Leave to Appeal / Decision on Extension of Time and Leave to Appeal
Outcome
Application dismissed
Legal Topics
Extension of Time, Leave to Appeal, Abuse of Process, Security for Costs, Frivolous and Vexatious Proceedings
Trade Practices Consumer Protection Civil Procedure Extension of Time Leave to Appeal Abuse of Process Security for Costs Frivolous and Vexatious Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Clayton Robert Croker

Applicant

Commonwealth of Australia

Respondent

Procedural Posture

Application for Leave to Extend Time to Seek Leave to Appeal / Decision on Extension of Time and Leave to Appeal

Legal Issues

  1. 1 Whether leave should be granted to extend time to apply for leave to appeal
  2. 2 Whether the original proceedings were abuse of process, frivolous, and vexatious
  3. 3 Validity and application of Federal Court Rules O 20 r 5(2)

Ratio Decidendi

The application had no merit, the original proceedings were properly dismissed for abuse of process and were frivolous and vexatious, and no adequate justification for extension of time or grant of leave was made. The court's powers under O 20 r 5 are valid and the applicant's claims had no substance.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • The applicant pay the respondent's costs taxed on an indemnity basis.