Bahonko v Nurses Board of Victoria [2008] FCAFC 29

Bahonko v Nurses Board of Victoria [2008] FCAFC 29

Leave to appeal from an interlocutory judgment was required and not properly obtained. No substantive grounds existed to justify leave, as the matters advanced by the appellant were devoid of evidentiary substance and amounted to a vexatious abuse of process. The appeal and application for leave were dismissed with costs.

Parties
Appellant: Stanislawa Bahonko; First Respondent: Nurses Board of Victoria; Second Respondent: Former Victorian Minister for Health/Current Victorian Minister for Education
Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Appeal / Interlocutory Appeal From Single Judge to Full Court
Outcome
Appeal and application for leave to appeal dismissed with costs.
Legal Topics
Leave to Appeal, Vexatious Proceedings, Unrepresented Litigant Conduct, Interlocutory Judgment, Abuse of Process
Appellate Procedure Civil Procedure Leave to Appeal Vexatious Proceedings Unrepresented Litigant Conduct Interlocutory Judgment Abuse of Process

Case Brief

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Parties

Stanislawa Bahonko

Appellant

Nurses Board of Victoria

First Respondent

Former Victorian Minister for Health/Current Victorian Minister for Education

Second Respondent

Procedural Posture

Appeal / Interlocutory Appeal From Single Judge to Full Court

Legal Issues

  1. 1 Whether leave to appeal should be granted from an interlocutory judgment
  2. 2 Whether the purported appeal was competent in the absence of leave
  3. 3 Whether proceedings below were properly dismissed as vexatious or an abuse of process

Ratio Decidendi

Leave to appeal from an interlocutory judgment was required and not properly obtained. No substantive grounds existed to justify leave, as the matters advanced by the appellant were devoid of evidentiary substance and amounted to a vexatious abuse of process. The appeal and application for leave were dismissed with costs.

Court Disposition

Appeal and application for leave to appeal dismissed with costs.

Orders

  • The document headed 'Appellant's Outline of Submission' filed on 22 February 2008 will not be available for inspection by any person without leave of the Court.
  • Pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth), publication of the document referred to is forbidden.