Bilaczenko v Bochner [2016] FCA 1207

Bilaczenko v Bochner [2016] FCA 1207

The application for leave to appeal is dismissed because the applicant sought to relitigate issues already judicially determined, constituting an abuse of process; there was no sufficient doubt or substantial injustice to warrant reconsideration by a Full Court. Even if the applicant's additional materials or arguments were admitted, they would not have altered the conclusion that his proposed proceedings lacked merit and constituted an abuse of process.

Jurisdiction
Australia
Judgment Date
11 October 2016
Procedural Posture
Application for Leave to Appeal / Judgment on Leave Application
Outcome
Application dismissed
Legal Topics
['judicial Review' 'extension of Time' 'abuse of Process' 'jurisdiction' 'self Represented Litigant' 'leave to Appeal']
['administrative Law' 'civil Procedure'] ['judicial Review' 'extension of Time' 'abuse of Process' 'jurisdiction' 'self Represented Litigant' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Judgment on Leave Application

Legal Issues

  1. 1 ["Whether the District Registrars were correct to refuse the applicant's documents for filing as an abuse of process for re-litigating issues already judicially determined" 'Whether leave should be granted to appeal the dismissal of an application for extension of time to commence judicial review proceedings' 'Whether the Financial Ombudsman Service is amenable to judicial review under the Datafin principle or otherwise under the ADJR Act' 'Whether Joinder of ASIC as respondent changes the abuse of process analysis']

Ratio Decidendi

The application for leave to appeal is dismissed because the applicant sought to relitigate issues already judicially determined, constituting an abuse of process; there was no sufficient doubt or substantial injustice to warrant reconsideration by a Full Court. Even if the applicant's additional materials or arguments were admitted, they would not have altered the conclusion that his proposed proceedings lacked merit and constituted an abuse of process.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'The South Australia District Registrar is to deliver a copy of these reasons to each of the respondents by their last known email address or, failing that, by ordinary post to their physical address for service by 25 October 2016.' 'Any application for costs by the second or third...