Gargan, in the matter of Gargan [2018] FCA 871

Gargan, in the matter of Gargan [2018] FCA 871

The application was dismissed for substantial non-compliance with affidavit requirements under s 37AR(3), and because the proposed proceeding was found vexatious as being an abuse of process and lacking any reasonable basis.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Application for Leave to Commence Proceeding / Dismissal of Application for Leave
Outcome
Application dismissed
Legal Topics
['leave to Institute Proceedings' 'vexatious Litigant Orders' 'sequestration Orders']
['bankruptcy' 'civil Procedure' 'vexatious Proceedings'] ['leave to Institute Proceedings' 'vexatious Litigant Orders' 'sequestration Orders']

Case Brief

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Procedural Posture

Application for Leave to Commence Proceeding / Dismissal of Application for Leave

Legal Issues

  1. 1 ["Whether applicant's affidavit complies with s 37AR(3) of the Federal Court of Australia Act 1976 (Cth)" 'Whether leave to institute proceeding should be refused due to affidavit non-compliance' 'Whether proceeding is vexatious under s 37AM(1) of the Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

The application was dismissed for substantial non-compliance with affidavit requirements under s 37AR(3), and because the proposed proceeding was found vexatious as being an abuse of process and lacking any reasonable basis.

Court Disposition

Application dismissed

Orders

  • ['The application for leave to commence a proceeding, filed on 21 May 2018, be dismissed.']