Agapis v Plumbers Licensing Board (No 2) [2014] FCA 1045

Agapis v Plumbers Licensing Board (No 2) [2014] FCA 1045

The appellant had frequently instituted or conducted vexatious proceedings in Australian courts or tribunals as defined by s 37AM(1) of the Federal Court of Australia Act 1976 (Cth). These proceedings, including the current appeal and related interlocutory applications, were pursued without reasonable grounds, constituted abuses of process, or were otherwise vexatious. Accordingly, the appeal proceeding and the application to amend were dismissed and a vexatious proceedings order was made prohibiting the appellant from instituting proceedings in the Federal Court.

Jurisdiction
Australia
Judgment Date
26 September 2014
Procedural Posture
Appeal / Judgment on Interlocutory Applications and Vexatious Proceedings Order
Outcome
Appeal dismissed; interlocutory application dismissed; costs against appellant; prohibition order made against appellant instituting proceedings.
Legal Topics
['vexatious Proceedings' 'federal Court Procedure' 'leave to Amend Grounds of Appeal' 'constitutional Law' 'costs']
['practice and Procedure'] ['vexatious Proceedings' 'federal Court Procedure' 'leave to Amend Grounds of Appeal' 'constitutional Law' 'costs']

Case Brief

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Procedural Posture

Appeal / Judgment on Interlocutory Applications and Vexatious Proceedings Order

Legal Issues

  1. 1 ['Whether the appellant has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals as contemplated by s 37AO(1) of the Federal Court of Australia Act 1976 (Cth)' 'Whether the current appeal and related interlocutory applications are vexatious proceedings under the statutory definition' 'Whether orders prohibiting the appellant from commencing proceedings in the Federal Court should be made']

Ratio Decidendi

The appellant had frequently instituted or conducted vexatious proceedings in Australian courts or tribunals as defined by s 37AM(1) of the Federal Court of Australia Act 1976 (Cth). These proceedings, including the current appeal and related interlocutory applications, were pursued without reasonable grounds, constituted abuses of process, or were otherwise vexatious. Accordingly, the appeal proceeding and the application to amend were dismissed and a vexatious proceedings order was made prohibiting the appellant from instituting proceedings in the Federal Court.

Court Disposition

Appeal dismissed; interlocutory application dismissed; costs against appellant; prohibition order made against appellant instituting proceedings.

Orders

  • ["The appellant's interlocutory application filed 3 June 2014 be dismissed." 'The appeal proceeding be dismissed.' "The appellant pay the respondent's costs of the appeal proceeding, including in relation to the interlocutory application." 'The appellant be prohibited from instituting proceedings in the Court.']