Mbuzi v AGL Sales Pty Limited [2018] FCAFC 226

Mbuzi v AGL Sales Pty Limited [2018] FCAFC 226

The appeal was dismissed because the primary judge's findings that Mr Mbuzi had frequently instituted or conducted vexatious proceedings in Australian courts were open, the s 37AO order was appropriately targeted to AGL Sales, the indemnity costs order from 3 May 2016 involved no House v The King error of principle,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 November 2018
Procedural Posture
Appeal / Full Court Appeal From Orders Made in the Original Jurisdiction Concerning a Vexatious Proceedings Order and Indemnity Costs
Outcome
Appeal dismissed.
Legal Topics
['vexatious Proceedings Order' 'indemnity Costs' 'appellate Review of Discretionary Decisions' 'recusal and Bias']
['practice and Procedure' 'costs'] ['vexatious Proceedings Order' 'indemnity Costs' 'appellate Review of Discretionary Decisions' 'recusal and Bias']

Source-derived case record

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Procedural Posture

Appeal / Full Court Appeal From Orders Made in the Original Jurisdiction Concerning a Vexatious Proceedings Order and Indemnity Costs

Legal Issues

  1. 1 ['Whether the primary judge erred in prohibiting Mr Mbuzi under s 37AO(2)(b) of the Federal Court of Australia Act 1976 (Cth) from commencing proceedings against AGL Sales Pty Limited.' "Whether the primary judge erred in ordering that Mr Mbuzi pay AGL Sales' costs of his application filed 30 March 2016 on an indemnity basis from and including 3 May 2016." 'Whether Reeves J should have disqualified himself for actual or apprehended bias.' 'Whether complaints about earlier judgments disclosed appellable error in the orders under appeal.']

Ratio Decidendi

The appeal was dismissed because the primary judge's findings that Mr Mbuzi had frequently instituted or conducted vexatious proceedings in Australian courts were open, the s 37AO order was appropriately targeted to AGL Sales, the indemnity costs order from 3 May 2016 involved no House v The King error of principle, and the bias and other complaints disclosed no appellable error.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondent's costs, of and incidental to the appeal, to be taxed if not agreed."]