Singh, in the application of Mohinder Singh [2021] FCA 654

Singh, in the application of Mohinder Singh [2021] FCA 654

The 2011 orders preventing the applicant from instituting proceedings without leave remained valid, the proposed application repeated or substantially repeated earlier attempts to relitigate long-determined social security issues, and the applicant failed to show reasonable prospects of success or that the application was not an abuse of process; the Registry was therefore directed not to accept the lodged documents for filing under r 2.27(e).

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Application for Extension of Time and Leave to Appeal / Decided on the Papers; Direction Whether Documents Should Be Accepted for Filing
Outcome
Registry directed not to accept the applicant's lodged documents for filing.
Legal Topics
['acceptance of Documents for Filing' 'vexatious Litigation' 'leave to Institute Proceedings' 'abuse of Process' 'extension of Time and Leave to Appeal']
['civil Procedure' 'administrative Law' 'social Security'] ['acceptance of Documents for Filing' 'vexatious Litigation' 'leave to Institute Proceedings' 'abuse of Process' 'extension of Time and Leave to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Decided on the Papers; Direction Whether Documents Should Be Accepted for Filing

Legal Issues

  1. 1 ["Whether the Registry should accept for filing the applicant's documents lodged on 22 March 2021, including a draft notice of appeal." 'Whether the applicant showed that the proposed application had reasonable prospects of success and was not an abuse of process.' "Whether the proposed grounds concerning the AAT determination and the applicant's bankruptcy disclosed error in Bromberg J's 2011 decision."]

Ratio Decidendi

The 2011 orders preventing the applicant from instituting proceedings without leave remained valid, the proposed application repeated or substantially repeated earlier attempts to relitigate long-determined social security issues, and the applicant failed to show reasonable prospects of success or that the application was not an abuse of process; the Registry was therefore directed not to accept the lodged documents for filing under r 2.27(e).

Court Disposition

Registry directed not to accept the applicant's lodged documents for filing.

Orders

  • ['Pursuant to r 2.27(e) of the Federal Court Rules 2011 (Cth) it is directed that the Registry shall not accept for filing the documents lodged by the applicant on 22 March 2021, including the draft notice of appeal lodged by the applicant that day.']