Berger, in the matter of Berger [2003] FCA 381

Berger, in the matter of Berger [2003] FCA 381

Leave was refused because the documentation was incoherent, was in no sense a statement of claim, and did not disclose any identifiable viable basis for the proposed application; in its current form it would be an abuse to allow the matter to proceed.

Jurisdiction
Australia
Judgment Date
30 April 2003
Procedural Posture
Application for Leave to File an Application and Statement of Claim Under Order 46 Rule 7 a of the Federal Court Rules / Leave to File Refused
Outcome
Leave to file the application and statement of claim was refused.
Legal Topics
['abuse of Process' 'order 46 Rule 7 a of the Federal Court Rules' 'leave to File Originating Document' 'frivolous or Vexatious Documents']
['civil Procedure'] ['abuse of Process' 'order 46 Rule 7 a of the Federal Court Rules' 'leave to File Originating Document' 'frivolous or Vexatious Documents']

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Procedural Posture

Application for Leave to File an Application and Statement of Claim Under Order 46 Rule 7 a of the Federal Court Rules / Leave to File Refused

Legal Issues

  1. 1 ['Whether the applicant should be granted leave for the Registrar to accept and file the application and statement of claim.' 'Whether the documents presented appeared to be an abuse of the process of the Court or frivolous or vexatious.']

Ratio Decidendi

Leave was refused because the documentation was incoherent, was in no sense a statement of claim, and did not disclose any identifiable viable basis for the proposed application; in its current form it would be an abuse to allow the matter to proceed.

Court Disposition

Leave to file the application and statement of claim was refused.

Orders

  • ['That leave to file the application and statement of claim in the form presented to Allsop J on 10 April 2003 be refused.' 'A photocopy be made of the applicant\'s documentation being the "application", "statement of claim" and later supporting letter and retained on the file for record purposes.']