Singh, in the application of Mohinder Singh [2021] FCA 82

Singh, in the application of Mohinder Singh [2021] FCA 82

The documents lodged on 16 November 2020 should not be accepted for filing because the applicant's proposed application for an extension of time and leave to appeal had no reasonable prospect of success, sought to re-litigate matters already determined, gave no acceptable explanation for the failure to appeal within time, and was very likely an abuse of process.

Jurisdiction
Australia
Judgment Date
09 February 2021
Procedural Posture
Application for Extension of Time and Leave to Appeal; Direction Concerning Acceptance of Documents for Filing / Heard on the Papers
Outcome
Registry directed not to accept the applicant's lodged documents for filing.
Legal Topics
['federal Court Filing of Documents' 'leave to Commence Proceedings' 'extension of Time to Appeal' 'abuse of Process' 'vexatious Re Litigation']
['civil Procedure'] ['federal Court Filing of Documents' 'leave to Commence Proceedings' 'extension of Time to Appeal' 'abuse of Process' 'vexatious Re Litigation']

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Procedural Posture

Application for Extension of Time and Leave to Appeal; Direction Concerning Acceptance of Documents for Filing / Heard on the Papers

Legal Issues

  1. 1 ['Whether the registry should be directed under r 2.27(e) of the Federal Court Rules 2011 (Cth) not to accept the documents lodged by the applicant on 16 November 2020 for filing.' "Whether the applicant's proposed application for an extension of time and leave to appeal had any reasonable prospect of success." 'Whether the proposed filing would amount to an abuse of process by attempting to re-litigate matters already determined.']

Ratio Decidendi

The documents lodged on 16 November 2020 should not be accepted for filing because the applicant's proposed application for an extension of time and leave to appeal had no reasonable prospect of success, sought to re-litigate matters already determined, gave no acceptable explanation for the failure to appeal within time, and was very likely an abuse of process.

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 16 November 2020.']