Fuller v Toms [2015] FCAFC 91

Fuller v Toms [2015] FCAFC 91

There was no error in the primary judge's conclusion that the applicant had frequently instituted or conducted vexatious proceedings and that a vexatious proceedings order was appropriate. The applicant's grounds did not establish any legal or factual error, nor an apprehension of bias. The history of repeated failures to plead properly and relitigate matters justified the order under s 37AO. Accordingly, the application for leave to file a notice of appeal must be dismissed with costs.

Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Application for Leave to Appeal / Judgment of Full Federal Court
Outcome
Application for leave to file notice of appeal dismissed with costs.
Legal Topics
['vexatious Proceedings' 'leave to Appeal' 'striking Out Pleadings' 'pleading Rules' 'costs']
['civil Procedure'] ['vexatious Proceedings' 'leave to Appeal' 'striking Out Pleadings' 'pleading Rules' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment of Full Federal Court

Legal Issues

  1. 1 ['Whether the applicant is entitled to appeal as of right against a vexatious proceedings order made under s 37AO(2) of the Federal Court of Australia Act 1976 (Cth)' 'Whether the grounds of appeal have merit' 'Whether there was apprehended bias by the primary judge' 'Whether the applicant had frequently instituted or conducted vexatious proceedings']

Ratio Decidendi

There was no error in the primary judge's conclusion that the applicant had frequently instituted or conducted vexatious proceedings and that a vexatious proceedings order was appropriate. The applicant's grounds did not establish any legal or factual error, nor an apprehension of bias. The history of repeated failures to plead properly and relitigate matters justified the order under s 37AO. Accordingly, the application for leave to file a notice of appeal must be dismissed with costs.

Court Disposition

Application for leave to file notice of appeal dismissed with costs.

Orders

  • ['The application for leave to file a notice of appeal so as to start an appeal against Order 3 of the orders made by the Court in proceeding WAD 332 of 2012 on 19 December 2013 is dismissed.' "The applicant pay the 1st, 2nd, 4th to 7th, 9th, 10th, and 14th to 23rd and 25th to 28th respondents' costs of and...