Piepkorn v Caroma Industries Ltd [2002] FCAFC 37; [2002] FCA 182

Piepkorn v Caroma Industries Ltd [2002] FCAFC 37; [2002] FCA 182

The application for leave to appeal should be dismissed because the proposed application had no prospect of success, was frivolous and vexatious, and sought to relitigate matters already finally determined. There was no doubt as to the correctness of the judge's direction, nor would substantial injustice result from...

Source-derived case information.

Parties
Applicant: Henriette Piepkorn; Respondent: Caroma Industries Ltd
Jurisdiction
Australia
Judgment Date
01 March 2002
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal
Outcome
Application for leave to appeal and the purported appeal dismissed
Legal Topics
Abuse of Process, Frivolous and Vexatious Proceedings, Leave to Appeal, Sequestration Order, Res Judicata
Practice and Procedure Bankruptcy Abuse of Process Frivolous and Vexatious Proceedings Leave to Appeal Sequestration Order Res Judicata

Source-derived case record

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Parties

Henriette Piepkorn

Applicant

Caroma Industries Ltd

Respondent

Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal

Legal Issues

  1. 1 Whether leave to appeal should be granted from a judge's direction to the registrar to refuse to issue the application
  2. 2 Whether the direction was attended by sufficient doubt
  3. 3 Whether substantial injustice would result if leave were refused

Ratio Decidendi

The application for leave to appeal should be dismissed because the proposed application had no prospect of success, was frivolous and vexatious, and sought to relitigate matters already finally determined. There was no doubt as to the correctness of the judge's direction, nor would substantial injustice result from refusing leave.

Court Disposition

Application for leave to appeal and the purported appeal dismissed

Orders

  • The application for leave to appeal and the purported notice of appeal be dismissed.