Storry v Parkyn [2024] FCAFC 67

Storry v Parkyn [2024] FCAFC 67

The documents Ms Storry sought to file were properly rejected by the Registrar as frivolous or vexatious because they attempted to reopen matters already determined, did not raise new issues unavailable at earlier stages, and therefore had no reasonable prospects of success; the primary judge did not err in upholding the Registrar's decision and dismissing the judicial review application.

Parties
Appellant/applicant: Venetia Louise Storry; Respondent: Nic Parkyn; Respondent: Registrar Thomas Stewart
Jurisdiction
Australia
Judgment Date
28 May 2024
Procedural Posture
Appeal and Judicial Review / Full Court Judgment on Appeal and Original Jurisdiction Judicial Review
Outcome
Appeal dismissed; originating application for judicial review dismissed; procedural directions made for possible vexatious proceedings order against Ms Storry.
Legal Topics
Judicial Review of Registrar's Decision, Vexatious Proceedings, Equitable Jurisdiction to Set Aside Judgment for Fraud, Abuse of Process
Administrative Law Appellate Procedure Judicial Review of Registrar's Decision Vexatious Proceedings Equitable Jurisdiction to Set Aside Judgment for Fraud Abuse of Process

Case Brief

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Parties

Venetia Louise Storry

Appellant/applicant

Nic Parkyn

Respondent

Registrar Thomas Stewart

Respondent

Procedural Posture

Appeal and Judicial Review / Full Court Judgment on Appeal and Original Jurisdiction Judicial Review

Legal Issues

  1. 1 Whether the Registrar's refusal to accept documents for filing on the grounds they were frivolous or vexatious was legally correct
  2. 2 Whether the primary judge erred in dismissing application for judicial review of Registrar's decision
  3. 3 Whether there is an equitable jurisdiction to set aside perfected judgments for fraud distinct from statutory appeal rights

Ratio Decidendi

The documents Ms Storry sought to file were properly rejected by the Registrar as frivolous or vexatious because they attempted to reopen matters already determined, did not raise new issues unavailable at earlier stages, and therefore had no reasonable prospects of success; the primary judge did not err in upholding the Registrar's decision and dismissing the judicial review application.

Court Disposition

Appeal dismissed; originating application for judicial review dismissed; procedural directions made for possible vexatious proceedings order against Ms Storry.

Orders

  • In QUD 422 of 2023: 1. Subject to Orders 2 and 3 below, the appeal be dismissed.
  • 2. On or by 28 June 2024, the appellant: (a) file any material upon which she intends to rely to oppose a proposed order prohibiting her from instituting proceedings without leave; (b) notify the Registry whether she wants an oral hearing in relation to the order.