Agapis v Plumbers Licensing Board [2014] FCA 400

Agapis v Plumbers Licensing Board [2014] FCA 400

The appeal should be stayed and the hearing vacated due to the applicant's demonstrated incapacity, and the respondent's non-opposition to adjournment, pending resolution of the respondent's interlocutory application regarding vexatious proceedings.

Source-derived case information.

Parties
Applicant: Raoul Agapis; Respondent: Plumbers Licensing Board
Jurisdiction
Australia
Judgment Date
01 April 2014
Procedural Posture
Appeal / Interlocutory Application in Appellate Proceedings
Outcome
Appeal stayed and vacated; applications and directions timetabled; no mediation ordered at this stage.
Legal Topics
Application to Stay Appeal, Vexatious Proceedings Orders
Practice and Procedure Application to Stay Appeal Vexatious Proceedings Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Raoul Agapis

Applicant

Plumbers Licensing Board

Respondent

Procedural Posture

Appeal / Interlocutory Application in Appellate Proceedings

  1. 1 Whether the appeal proceedings should be stayed due to the applicant's medical condition
  2. 2 Whether the respondent's application for a vexatious proceedings order should proceed

Ratio Decidendi

The appeal should be stayed and the hearing vacated due to the applicant's demonstrated incapacity, and the respondent's non-opposition to adjournment, pending resolution of the respondent's interlocutory application regarding vexatious proceedings.

Court Disposition

Appeal stayed and vacated; applications and directions timetabled; no mediation ordered at this stage.

Orders

  • The appeal listed for 22 May 2014 is vacated.
  • The appeal is to be re-listed for directions, if necessary, after determination of the respondent's interlocutory application dated 11 March 2014.