Mehajer v National Australia Bank, in the matter of Bankrupt Estate of Mehajer [2021] FCA 1642

Mehajer v National Australia Bank, in the matter of Bankrupt Estate of Mehajer [2021] FCA 1642

The applicant, being bankrupt, has no standing to seek relief regarding property vested in his trustee, and is further prohibited from instituting or continuing these proceedings without leave under the Felons (Civil Proceedings) Act 1981 (NSW). Leave cannot be granted as no prima facie ground for the proceeding is established and the conduct amounts to an abuse of process. Thus, all applications are dismissed.

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Bankruptcy Application / Civil Proceeding / Final Judgment
Outcome
Application dismissed with costs.
Legal Topics
['standing' 'trustee in Bankruptcy Powers' "mortgagee's Power of Sale" 'felons (civil Proceedings) Act Requirements' 'costs Orders']
['bankruptcy' 'civil Procedure'] ['standing' 'trustee in Bankruptcy Powers' "mortgagee's Power of Sale" 'felons (civil Proceedings) Act Requirements' 'costs Orders']

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Procedural Posture

Bankruptcy Application / Civil Proceeding / Final Judgment

Legal Issues

  1. 1 ["Whether applicant has standing to seek relief against mortgagee's power of sale" 'Whether leave under the Felons (Civil Proceedings) Act 1981 (NSW) should be granted' 'Entitlement to amend originating application' 'Entitlement to injunctive relief preventing sale of property by mortgagee']

Ratio Decidendi

The applicant, being bankrupt, has no standing to seek relief regarding property vested in his trustee, and is further prohibited from instituting or continuing these proceedings without leave under the Felons (Civil Proceedings) Act 1981 (NSW). Leave cannot be granted as no prima facie ground for the proceeding is established and the conduct amounts to an abuse of process. Thus, all applications are dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ["Applicant's request to amend the originating application dismissed." 'Originating application dismissed.' "Applicant to pay respondents' costs on a lump sum basis." 'Applicant to pay second respondent a fixed lump sum of $15,000 within 28 days.' 'First respondent to file proposed lump sum costs by midday 17...