Hochmuth [2002] FCA 790

The proposed application and statement of claim do not disclose any material facts amounting to a legally cognisable claim against the police respondents and are foredoomed to fail; accordingly, a direction is given to the Registrar to refuse acceptance under Order 46 rule 7A.

Parties: Applicant: Damian Hochmuth; Proposed Respondent: New South Wales Police Service; Proposed Respondent: Australian Federal Police
Jurisdiction: Australia
Judgment Date: 18 June 2002
Procedural Posture: Application for Acceptance of Claim / Pre Filing Directions Hearing
Outcome: application refused
Legal Topics: Abuse of Process, Frivolous or Vexatious Proceedings, Powers of Registrar

Civil Procedure Abuse of Process Frivolous or Vexatious Proceedings Powers of Registrar

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Parties

Damian Hochmuth

Applicant

New South Wales Police Service

Proposed Respondent

Australian Federal Police

Proposed Respondent

Procedural Posture

Application for Acceptance of Claim / Pre Filing Directions Hearing

Legal Issues

1 Whether the proposed application and statement of claim disclose a cause of action against the police respondents.
2 Whether the proceedings are foredoomed to fail, amount to an abuse of process, or are frivolous or vexatious under Order 46 rule 7A of Federal Court Rules.

Ratio Decidendi

Court Disposition

application refused

Orders

Registrar directed to refuse to accept or issue the application and statement of claim.