Singh, in the application of Mohinder Singh [2020] FCA 213

The proposed application lacks any reasonable prospect of success and is a further attempt to re-litigate matters already determined, demonstrating characteristics of vexatious proceedings. Accordingly, the Registry should not accept the documents for filing.

Jurisdiction: Australia
Judgment Date: 27 February 2020
Procedural Posture: Application for Leave to Appeal / Extension of Time / Application for Leave to File Documents – Direction Under R 2.27(e) Federal Court Rules 2011
Outcome: Application rejected – Registry ordered not to accept documents for filing.
Legal Topics: ['vexatious Proceedings' 'leave to Appeal' 'federal Court Procedural Orders']

['civil Procedure'] ['vexatious Proceedings' 'leave to Appeal' 'federal Court Procedural Orders']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Leave to Appeal / Extension of Time / Application for Leave to File Documents – Direction Under R 2.27(e) Federal Court Rules 2011

Legal Issues

1 ['Whether the applicant should be granted leave to institute proceedings' "Whether the applicant's proposed appeal has reasonable prospects of success" "Whether the applicant's re-litigation constitutes an abuse of process"]

Ratio Decidendi

Court Disposition

Application rejected – Registry ordered not to accept documents for filing.

Orders

['Pursuant to r 2.27(e) of the Federal Court Rules 2011 (Cth), the Registry shall not accept for filing the documents lodged by the applicant on 22 November 2019, and the amended draft notice of appeal lodged by the applicant on 25 November 2019.']