Yap v Australian Securities and Investments Commission [2009] FCA 831

Yap v Australian Securities and Investments Commission [2009] FCA 831

There was no new material, evidence, or argument presented by Mrs Yap that had not already been considered and rejected in previous proceedings. As such, granting leave would burden the respondents and the Court, and further disappoint the applicant. The motion for leave was refused.

Jurisdiction
Australia
Judgment Date
05 August 2009
Procedural Posture
Application for Leave to Issue Proceedings / Motion for Leave
Outcome
motion for leave refused
Legal Topics
['vexatious Proceedings' 'leave to Commence Proceedings' 'corporations Act 2001 (cth)']
['civil Procedure'] ['vexatious Proceedings' 'leave to Commence Proceedings' 'corporations Act 2001 (cth)']

Case Brief

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Procedural Posture

Application for Leave to Issue Proceedings / Motion for Leave

Legal Issues

  1. 1 ['Whether Mrs Yap has presented new or different material justifying leave to issue proceedings despite being declared a vexatious litigant']

Ratio Decidendi

There was no new material, evidence, or argument presented by Mrs Yap that had not already been considered and rejected in previous proceedings. As such, granting leave would burden the respondents and the Court, and further disappoint the applicant. The motion for leave was refused.

Court Disposition

motion for leave refused

Orders

  • ['The motion for leave be refused.']