Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Granich & Associates v Yap [2004] FCA 1567
PRACTICE AND PROCEDURE – vexatious litigant – Order 21 rule 2 – whether respondent habitually and persistently instituted vexatious proceedings against the applicant – order made under Order 21 rule 2 Vexatious Proceedings Restriction Act (2002) (WA) Federal Court Rules Order 21 Granich & Associates v Yap [1999] FCA 1039 cited Yap v Granich & Associates [1999] FCA 1867 cited Yap v Granich & Associates [2001] FCA 799 cited Yap v Granich & Associates [2001] FCA 1735 cited Yap v Granich & Associates [2002] FMCA 284 cited Yap v Granich & Associates [2004] FCA 647 cited Horvath v Commonwealth Bank of Australia [1999] FCA 504 cited Ramsay v Skyring (1999) 164 ALR 378 cited Slater v Honourable Justice Higgins [2001] FCA 549 cited Commonwealth Bank of Australia v Heinrich [2003] FCA 540 cited Attorney-General v Wentworth (1988) 14 NSWLR 481 applied GRANICH & ASSOCIATES v YAP CHENG SEE W225 OF 2004 FRENCH J 1 DECEMBER 2004 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W225 OF 2004
BETWEEN: GRANICH & ASSOCIATES
APPLICANT
AND: YAP CHENG SEE
RESPONDENT
JUDGE: FRENCH J
DATE OF ORDER: 1 DECEMBER 2004
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The respondent shall not, without leave of the Court, institute any proceeding against the applicant in the Court.
2. Any proceeding instituted by the respondent against the applicant in the Court before the making of this Order shall not be continued by the respondent without leave of the Court.
3. The respondent is to pay the costs of the applicant.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY W225 OF 2004
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