Jessop v Westpac Banking Corp [1999] FCA 1646

Jessop v Westpac Banking Corp [1999] FCA 1646

No cause of action was disclosed in the appellant's material that could ground proceedings within the jurisdiction of the Federal Court. The judge's refusal to accept the documents for filing was warranted as they were frivolous or vexatious and an abuse of process. The appeal had no prospects of success and was dismissed.

Parties
Appellant: Michael Jessop; Respondent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
17 November 1999
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Refusal to File Application, Abuse of Process, Jurisdiction, Interlocutory Decision, Bankruptcy Act, Summary Dismissal
Practice and Procedure Refusal to File Application Abuse of Process Jurisdiction Interlocutory Decision Bankruptcy Act Summary Dismissal

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Michael Jessop

Appellant

Westpac Banking Corporation

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the refusal by a judge to accept an application for filing constitutes a cause of action
  2. 2 Whether the decision was interlocutory and an appeal lay as of right or with leave
  3. 3 Whether any arguable cause of action within the jurisdiction of the Federal Court was disclosed

Ratio Decidendi

No cause of action was disclosed in the appellant's material that could ground proceedings within the jurisdiction of the Federal Court. The judge's refusal to accept the documents for filing was warranted as they were frivolous or vexatious and an abuse of process. The appeal had no prospects of success and was dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal be dismissed with costs.