Mulhern v Pearce (No 3) [2015] FCA 806

Mulhern v Pearce (No 3) [2015] FCA 806

Mr Mulhern frequently instituted and conducted vexatious proceedings against the trustees, repeatedly seeking relief on grounds already determined and without reasonable prospect of success. The proceedings were vexatious in both substance and manner, including some applications for annulment of bankruptcy and return of travel documents pursued without reasonable ground or for wrongful purpose. The requirements of s 37AO(1) are satisfied, and the Court's discretion is exercised to grant an order prohibiting Mr Mulhern from instituting proceedings against the trustees without leave.

Parties
Applicant: Michael Richard Mulhern; First Respondent: Mark William Pearce and Andrew John Heers as Federal Court of Australia appointed trustees of the Australian estate of Michael Richard Mulhern; Second Respondent: Joseph Michael Dodrill; Third Respondent: John Anthony Dodrill; Fourth Respondent: Bank of Queensland Limited ACN 009 656 740
Jurisdiction
Australia
Judgment Date
10 August 2015
Procedural Posture
Application / Post Hearing Determination, Judgment, and Orders
Outcome
Application for vexatious proceedings order allowed
Legal Topics
Vexatious Proceedings, Bankruptcy Annulment, Return of Travel Documents, Court Discretion, Abuse of Process
Practice and Procedure Bankruptcy Vexatious Proceedings Bankruptcy Annulment Return of Travel Documents Court Discretion Abuse of Process

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Parties

Michael Richard Mulhern

Applicant

Mark William Pearce and Andrew John Heers as Federal Court of Australia appointed trustees of the Australian estate of Michael Richard Mulhern

First Respondent

Joseph Michael Dodrill

Second Respondent

John Anthony Dodrill

Third Respondent

Bank of Queensland Limited ACN 009 656 740

Fourth Respondent

Procedural Posture

Application / Post Hearing Determination, Judgment, and Orders

Legal Issues

  1. 1 Whether Mr Mulhern has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals
  2. 2 Whether the proceedings should be classified as vexatious under s 37AM(1) of the Federal Court of Australia Act
  3. 3 Whether the Court's discretion should be exercised to grant a vexatious proceedings order

Ratio Decidendi

Mr Mulhern frequently instituted and conducted vexatious proceedings against the trustees, repeatedly seeking relief on grounds already determined and without reasonable prospect of success. The proceedings were vexatious in both substance and manner, including some applications for annulment of bankruptcy and return of travel documents pursued without reasonable ground or for wrongful purpose. The requirements of s 37AO(1) are satisfied, and the Court's discretion is exercised to grant an order prohibiting Mr Mulhern from instituting proceedings against the trustees without leave.

Court Disposition

Application for vexatious proceedings order allowed

Orders

  • The first respondent is given leave to reopen the proceeding to adduce further evidence.
  • Michael Richard Mulhern must not institute proceedings against Mark William Pearce and Andrew John Heers or either of them in this Court without leave of the Court.