Nyoni v Morgan [2019] FCA 2039

Nyoni v Morgan [2019] FCA 2039

The proposed interlocutory application was properly rejected as an abuse of process or vexatious as it duplicated extant applications and the recusal application lacked substance; joinder of the two proceedings is inappropriate due to lack of commonality and potential inefficiency.

Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Judicial Review Applications, Case Management Hearing / Interlocutory/procedural, Programming of Substantive Applications, Determination of Joinder and Applications for Directions
Outcome
Interlocutory application for acceptance of filing refused; joinder of proceedings refused; programming orders made for further steps; costs reserved.
Legal Topics
['refusal to Accept Filing' 'abuse of Process' 'joinder of Applications' 'recusal of Judge' 'transfer Between Registries' 'objection to Competency']
['administrative Law' 'practice and Procedure' 'judicial Review'] ['refusal to Accept Filing' 'abuse of Process' 'joinder of Applications' 'recusal of Judge' 'transfer Between Registries' 'objection to Competency']

Case Brief

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Procedural Posture

Judicial Review Applications, Case Management Hearing / Interlocutory/procedural, Programming of Substantive Applications, Determination of Joinder and Applications for Directions

Legal Issues

  1. 1 ["Whether the applicant's proposed interlocutory application should be accepted for filing" 'Whether joinder/consolidation of the two proceedings is appropriate' 'Recusal of judge Banks-Smith on grounds of alleged bias' 'Appropriateness of transfer between registries']

Ratio Decidendi

The proposed interlocutory application was properly rejected as an abuse of process or vexatious as it duplicated extant applications and the recusal application lacked substance; joinder of the two proceedings is inappropriate due to lack of commonality and potential inefficiency.

Court Disposition

Interlocutory application for acceptance of filing refused; joinder of proceedings refused; programming orders made for further steps; costs reserved.

Orders

  • ["Applicant's proposed interlocutory application received by the Perth Registry on 29 November 2019 not be accepted for filing." 'Interlocutory application filed 14 November 2019 (save for paragraph 2) to set aside the order of Justice Katzmann of 12 November 2019 be listed for hearing at 9.30 am on 17 December...