Agapis [2017] FCA 286

Agapis [2017] FCA 286

Leave to institute a proceeding was refused because the application sought to relitigate already finally determined matters, was filed out of time, and did not demonstrate grounds for appeal. Allegations of apprehended bias were unfounded as mere prior adverse decisions or adoption of submissions were insufficient for disqualification. The primary judge did not and should not have recused himself.

Parties
Applicant: Raoul Agapis
Jurisdiction
Australia
Judgment Date
22 March 2017
Procedural Posture
Application for Leave to Institute Proceeding Under Vexatious Proceedings Order / Determination of Application for Leave
Outcome
Application refused
Legal Topics
Vexatious Proceedings, Apprehended Bias, Leave to Appeal, Natural Justice
Practice and Procedure Administrative Law Human Rights Vexatious Proceedings Apprehended Bias Leave to Appeal Natural Justice

Case Brief

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Parties

Raoul Agapis

Applicant

Procedural Posture

Application for Leave to Institute Proceeding Under Vexatious Proceedings Order / Determination of Application for Leave

Legal Issues

  1. 1 Whether leave should be granted to institute a proceeding pursuant to s 37AR(2) of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether application for leave to appeal vexatious proceedings order filed out of time should be permitted
  3. 3 Whether apprehended bias existed requiring the primary judge to recuse himself

Ratio Decidendi

Leave to institute a proceeding was refused because the application sought to relitigate already finally determined matters, was filed out of time, and did not demonstrate grounds for appeal. Allegations of apprehended bias were unfounded as mere prior adverse decisions or adoption of submissions were insufficient for disqualification. The primary judge did not and should not have recused himself.

Court Disposition

Application refused

Orders

  • The application for leave to file an appeal is refused.