Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398

Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398

Mr Gargan has habitually, persistently, and without reasonable grounds instituted vexatious proceedings in this and other courts; he continues to conduct such proceedings without insight or change. The statutory requirements for orders restraining further litigation without leave are satisfied, and such orders are warranted to protect the public and the justice system.

Jurisdiction
Australia
Judgment Date
23 April 2009
Procedural Posture
Application/cross Claim / Post Summary Judgment: Application for Vexatious Proceedings Orders
Outcome
Orders granted restraining Mr Gargan from instituting or continuing proceedings without leave; costs awarded against Mr Gargan.
Legal Topics
['vexatious Litigant' 'abuse of Process' 'federal Court Jurisdiction' 'bankruptcy Proceedings']
['civil Procedure' 'bankruptcy'] ['vexatious Litigant' 'abuse of Process' 'federal Court Jurisdiction' 'bankruptcy Proceedings']

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Procedural Posture

Application/cross Claim / Post Summary Judgment: Application for Vexatious Proceedings Orders

Legal Issues

  1. 1 ['Whether Mr Gargan has habitually, persistently and without reasonable cause instituted vexatious proceedings in this Court or any other Australian court' 'Whether orders should be made prohibiting Mr Gargan from instituting or continuing proceedings without leave']

Ratio Decidendi

Mr Gargan has habitually, persistently, and without reasonable grounds instituted vexatious proceedings in this and other courts; he continues to conduct such proceedings without insight or change. The statutory requirements for orders restraining further litigation without leave are satisfied, and such orders are warranted to protect the public and the justice system.

Court Disposition

Orders granted restraining Mr Gargan from instituting or continuing proceedings without leave; costs awarded against Mr Gargan.

Orders

  • ['Mr Peter Alexander Gargan may not institute any proceeding in this Court without the leave of the Court.' 'Mr Peter Alexander Gargan may not continue any proceeding in this Court without the leave of the Court.' "Mr Peter Alexander Gargan pay the Official Trustee's costs of its application." 'A copy of the reasons...