Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194

Nasir v Reynolds (Vexatious Proceedings Order) [2024] FCA 1194

Mr Nasir has frequently instituted or conducted vexatious proceedings in this Court by filing a large number of misconceived, baseless, and repetitious interlocutory applications and proceedings, often accompanied by serious and unfounded allegations against Judges and Registry staff. The statutory preconditions for making a vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) are satisfied, and such an order is appropriate to protect the Court's processes and other litigants.

Parties
Applicant: Sajjad Nasir; First Respondent: Catherine Reynolds; Second Respondent: Amy McCudden; Third Respondent: Oracle Corporation Australia Pty Limited (ABN 580003074468)
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Interlocutory/vexatious Proceedings Application / Final (vexatious Proceedings Order Made)
Outcome
Vexatious proceedings order made against Sajjad Nasir.
Legal Topics
Vexatious Proceedings, Contempt of Court
Civil Procedure Federal Law Vexatious Proceedings Contempt of Court

Case Brief

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Parties

Sajjad Nasir

Applicant

Catherine Reynolds

First Respondent

Amy McCudden

Second Respondent

Oracle Corporation Australia Pty Limited (ABN 580003074468)

Third Respondent

Procedural Posture

Interlocutory/vexatious Proceedings Application / Final (vexatious Proceedings Order Made)

Legal Issues

  1. 1 Whether Mr Sajjad Nasir should be subject to a vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether the applicant's communications to the Registry and others amount to contempt of court by scandalising the court

Ratio Decidendi

Mr Nasir has frequently instituted or conducted vexatious proceedings in this Court by filing a large number of misconceived, baseless, and repetitious interlocutory applications and proceedings, often accompanied by serious and unfounded allegations against Judges and Registry staff. The statutory preconditions for making a vexatious proceedings order under s 37AO of the Federal Court of Australia Act 1976 (Cth) are satisfied, and such an order is appropriate to protect the Court's processes and other litigants.

Court Disposition

Vexatious proceedings order made against Sajjad Nasir.

Orders

  • Pursuant to s 37AO(2)(b) of the Federal Court of Australia Act 1976 (Cth), Mr Sajjad Nasir is prohibited from instituting proceedings in this Court without making an application for leave to institute proceedings in accordance with s 37AR of the FCA Act.