Freeman v National Australia Bank Ltd [2006] FCAFC 67

Freeman v National Australia Bank Ltd [2006] FCAFC 67

Repeated attempts by Freeman to re-litigate issues already conclusively determined, both in the Federal Court and Queensland Supreme Court, constitute vexatious litigation under Order 21 rule 2. The appeal against orders restraining further proceedings without leave is dismissed as none of the grounds raised demonstrated any error by the primary judge, and there was ample basis for the orders made.

Parties
Appellant: Lynton Noel Charles Freeman (A Bankrupt); First Respondent: National Australia Bank Limited (ACN 004 044 937); Second Respondent: Matthew Leslie Joiner and Philip Gregory Jefferson, Trustees in Bankruptcy of the Property of Lynton Noel Charles Freeman
Jurisdiction
Australia
Judgment Date
19 May 2006
Procedural Posture
Appeal / Appeal From Single Judge of the Federal Court
Outcome
appeal dismissed
Legal Topics
Vexatious Litigants, Abuse of Process, Bankruptcy Proceedings, Relitigation, Costs
Civil Procedure Bankruptcy Vexatious Litigants Abuse of Process Bankruptcy Proceedings Relitigation Costs

Case Brief

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Parties

Lynton Noel Charles Freeman (A Bankrupt)

Appellant

National Australia Bank Limited (ACN 004 044 937)

First Respondent

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

Second Respondent

Procedural Posture

Appeal / Appeal From Single Judge of the Federal Court

Legal Issues

  1. 1 Whether orders restraining the appellant from instituting further proceedings without leave against respondents (under Order 21 rule 2 Federal Court Rules) were correctly made.
  2. 2 Whether previous proceedings and appeals establish vexatious litigation within Order 21 rule 2.
  3. 3 Whether appellant’s attempts to relitigate previously decided matters constitute a vexatious proceeding.

Ratio Decidendi

Repeated attempts by Freeman to re-litigate issues already conclusively determined, both in the Federal Court and Queensland Supreme Court, constitute vexatious litigation under Order 21 rule 2. The appeal against orders restraining further proceedings without leave is dismissed as none of the grounds raised demonstrated any error by the primary judge, and there was ample basis for the orders made.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondents' costs of the appeal.