Storry v Parkyn [2024] FCAFC 67

Federal Court of Australia

Storry v Parkyn [2024] FCAFC 67 Appeal from: Storry v Parkyn [2023] FCA 1141

File numbers: QUD 422 of 2023 QUD 49 of 2024

Judgment of: LEE, FEUTRILL AND JACKMAN JJ

Date of judgment: 28 May 2024

Catchwords: APPEAL AND NEW TRIAL – where primary judge dismissed an application for judicial review of a Registrar's decision to refuse to accept documents for filing – where Registrar formed the view the documents on their face were frivolous or vexatious – where appellant sought to set aside judgment refusing application for leave to appeal on the basis of alleged fraud – distinct jurisdiction in equity to set aside perfected common law judgments – where proposed originating application had no reasonable prospects of success – appeal dismissed ADMINISTRATIVE LAW – application for judicial review of a Registrar's decision to refuse to accept documents for filing – where matter in the original jurisdiction of the Court referred to the Full Court pursuant to s 20(1A) of the Federal Court of Australia Act 1976 (Cth) – nature of appellate jurisdiction – where Registrar formed the view the documents were an abuse of process and otherwise frivolous or vexatious – where decision of Registrar unattended by legal error – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Bankruptcy Act 1966 (Cth) ss 58, 116 Family Law Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) Pt VAAA, Div 2, ss 20(1A), 24, 33, 35A(5), 37AO, 37AO(2)(b), 37AO(3), 37AO(4) Federal Court Rules 2011 (Cth) rr 2.26, 39.05 Judicature Act 1873 (UK)