Brookfield v Davey Products Pty Ltd [2001] FCA 104

FEDERAL COURT OF AUSTRALIA Brookfield v Davey Products Pty Ltd [2001] FCA 104 CIVIL PROCEDURE - application to set aside final judgment on the ground that it was procured by fraud - appeal processes exhausted - applicant does not provide proper particulars of alleged fraud - whether applicant has complied with directions of Court for conduct of claim - whether maintenance of claim in circumstances would result in an abuse of process of the Court - litigant in person - whether using proceedings to seek a collateral advantage - whether abuse of process of the Court should result in dismissal of claim or in stay of proceedings. Bankruptcy Act 1966 (Cth) ss 41(6A) and (7) Federal Court Rules O 11 r 10, O 12 r 5, O 20 r 2 Jonesco v Beard [1930] AC 298 considered Hip Foong Hong v H. Neotia & Co [1918] AC 888 considered Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 considered Commonwealth Bank of Australia v Quade (1991) 178 CLR 134 applied Council of the City of Greater Wollongong v Cowan (1955) 93 CLR 435 applied Dey v Victorian Railways Commissioners (1949) 78 CLR 62 applied Walton v Gardiner (1993) 177 CLR 378 applied Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 applied Nolan v Administrative Appeals Tribunal (1997) 47 ALD 689 referred to Second Life Decor Pty Ltd v Comptroller-General of Customs (1994) 53 FCR 78 applied Cooper v Williams [1963] 2 QB 567 applied IAN WALTER BROOKFIELD and SEPTIC PRODUCTS AUSTRALIA (IN LIQUIDATION) v DAVEY PRODUCTS PTY LTD SG 112 OF 1993

MANSFIELD J

22 FEBRUARY 2001 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 112 OF 1993

BETWEEN: IAN WALTER BROOKFIELD and

SEPTIC PRODUCTS AUSTRALIA

(IN LIQUIDATION)

Applicants

AND: DAVEY PRODUCTS PTY LTD