National Australia Bank Limited v Freeman (a Bankrupt) [2005] FCA 1895

National Australia Bank Limited v Freeman (a Bankrupt) [2005] FCA 1895

Mr Freeman repeatedly commenced and pursued proceedings and appeals to challenge matters already authoritatively determined, without reasonable grounds. This conduct satisfied the statutory and common law tests for declaring him a vexatious litigant and justified orders requiring court leave before instituting...

Source-derived case information.

Parties
First Applicant: National Australia Bank Limited ACN 004 044 937; Second Applicant: Matthew Leslie Joiner and Philip Gregory Jefferson, Trustees in Bankruptcy of the Property of Lynton Noel Charles Freeman; Respondent: Lynton Noel Charles Freeman (a bankrupt)
Jurisdiction
Australia
Judgment Date
22 December 2005
Procedural Posture
Application Under O 21 R 2 of the Federal Court Rules / Final Orders – Application for Vexatious Litigant Declaration
Outcome
Application granted – respondent declared vexatious litigant
Legal Topics
Vexatious Litigant, Abuse of Process, Collateral Attack on Judgments
Practice and Procedure Bankruptcy Vexatious Litigant Abuse of Process Collateral Attack on Judgments

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Parties

National Australia Bank Limited ACN 004 044 937

First Applicant

Matthew Leslie Joiner and Philip Gregory Jefferson, Trustees in Bankruptcy of the Property of Lynton Noel Charles Freeman

Second Applicant

Lynton Noel Charles Freeman (a bankrupt)

Respondent

Procedural Posture

Application Under O 21 R 2 of the Federal Court Rules / Final Orders – Application for Vexatious Litigant Declaration

Legal Issues

  1. 1 Whether the respondent has habitually and persistently instituted vexatious proceedings against the applicants without any reasonable cause under Order 21 rule 2 of the Federal Court Rules

Ratio Decidendi

Mr Freeman repeatedly commenced and pursued proceedings and appeals to challenge matters already authoritatively determined, without reasonable grounds. This conduct satisfied the statutory and common law tests for declaring him a vexatious litigant and justified orders requiring court leave before instituting further proceedings.

Court Disposition

Application granted – respondent declared vexatious litigant

Orders

  • Mr Freeman shall not, without the leave of the Court, commence in this Court any proceeding against the National Australia Bank Ltd or against the Trustees, or both, or their servants, officers, agents or employees, other than an appeal against this order.
  • Any proceeding initiated by Mr Freeman in the Federal Court of Australia against the Bank or the Trustees prior to the making of this order shall not be continued by Mr Freeman without the leave of the Court, other than an appeal against these orders.