Hunter v Leahy [1999] FCA 1075

FEDERAL COURT OF AUSTRALIA

Hunter v Leahy [1999] FCA 1075

PRACTICEAND PROCEDURE - vexatious litigant – application for leave to commence proceeding – Judge of own motion making order requiring leave for filing of any future documents – source of power – rules based powers – implied incidental power – section 23 Federal Court of Australia Act 1976.

Bankruptcy Act 1966 (Cth)

Trade Practices Act 1974

Federal Court of Australia Act 1976

Federal Court Rules

Jackson v Sterling Industries Ltd (1987) 162 CLR 612 followed

Commonwealth Trading Bank v Inglis (1974) 131 CLR 311 discussed

Horvath v Commonwealth Bank of Australia [1999] FCA 504 cited

Grepe v Loam [1887] 37 Ch D 168 cited

Attorney-General v Wentworth (1988) NSWLR 481 cited

LINDSAY HUNTER v LESLEY LEAHY, FLOREAT SETTLEMENTS, FRANK DI NARDO, ESTATE REALTIES, SETTLEMENT AGENTS SUPERVISORY BOARD and PAUL ARNS

W 65 OF 1999

FRENCH J

9 AUGUST 1999

PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W65 OF 1999

BETWEEN: LINDSAY HUNTER

Applicant

AND: LESLEY LEAHY

First Respondent

FLOREAT SETTLEMENTS

Second Respondent

FRANK DI NARDO

Third Respondent

ESTATE REALTIES

Fourth Respondent

SETTLEMENT AGENTS SUPERVISORY BOARD

Fifth Respondent

PAUL ARNS

Sixth Respondent

JUDGE: FRENCH J

DATE OF ORDER: 9 AUGUST 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The order made by Sheppard J of 19 July 1996 is varied so that no application or other document lodged by Lindsay Hunter at the Court shall be accepted without the leave of a judge where such application or other document is, in the opinion of the Registrar, related to the matter the subject of the judgment of Sheppard J given on 19 July 1996 or which names Luci Webb or any of the respondents in this application as a respondent. 2. The application is otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.