Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Von Reisner v Commonwealth of Australia [2009] FCAFC 97
PRACTICE AND PROCEDURE – vexatious litigants order made against appellant – whether application for such order was correctly made in accordance with the Federal Court Rules – whether primary judge made order pursuant to parties' request or on own motion – whether primary judge was required to identify previous proceedings in order to make a vexatious litigants order Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules O 20 r 5, O 21 r 1, O 21 r 2, O 21 r 3 Supreme Court Act 1970 (NSW) s 84 Adam P Brown Male Fashions Proprietary Limited v Philip Morris Incorporated and Another (1981) 148 CLR 170 distinguished Attorney-General v Wentworth (1988) 14 NSWLR 4817 referred to House v The King (1936) 55 CLR 499 distinguished NSW Land & Housing Corporation v von Reisner [2006] NSWSC 1500 referred to Ramsey v Skyring (1999) 164 ALR 378 referred to Re Vernazza [1960] 1 QB 197 referred to Rogers v Asset Loan Co Pty Ltd (ACN 107 746 798) and Others (2009) 250 ALR 82 referred to Slater v Higgins and Another (2001) 110 FCR 593 referred to KOIDU VON REISNER v COMMONWEALTH OF AUSTRALIA and STATE OF NEW SOUTH WALES
NSD 626 of 2008
SIOPIS, COWDROY AND REEVES JJ
20 AUGUST 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 626 of 2008
General Division
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: KOIDU VON REISNER
Appellant
AND: COMMONWEALTH OF AUSTRALIA
First Respondent
STATE OF NEW SOUTH WALES
Second Respondent
JUDGES: SIOPIS, COWDROY AND REEVES JJ
DATE OF ORDER: 20 AUGUST 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Court confirms its orders dated 27 May 2009. 2. The Respondents file and serve any submissions as to costs by 3 September 2009. 3. The Court reserves the question of costs of the proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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