National Australia Bank Limited v Freeman (a Bankrupt) [2005] FCA 1895

FEDERAL COURT OF AUSTRALIA

National Australia Bank Limited v Freeman (a Bankrupt) [2005] FCA 1895 PRACTICE AND PROCEDURE - vexatious litigant - application under O 21 r 2 of the Federal Court Rules - whether the respondent habitually and persistently instituted vexatious proceedings against the applicants without any reasonable cause Bankruptcy Act 1966 (Cth) s 153B Federal Court of Australia Act 1974 (Cth) s 4 Federal Court Rules O 21 r 2 Uniform Civil Procedure Rules 1999 (Qld) Rule 668 Ramsay v Skyring (1999) 164 ALR 378referred to Commonwealth Bank v Heinrich [2003] FCA 540cited Attorney-General v Wentworth (1988) 14 NSWLR 481 referred to Horvarth v Commonwealth Bank of Australia [1999] FCA 504cited Granich & Associates v Yap [2004] FCA 1567 cited NATIONAL AUSTRALIA BANK LIMITED ACN 004 044 937 and OTHERS v LYNTON NOEL CHARLES FREEMAN (A BANKRUPT) No QUD 145 of 2005 SPENDER J 22 DECEMBER 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 145 OF 2005

BETWEEN: NATIONAL AUSTRALIA BANK LIMITED ACN 004 044 937

FIRST APPLICANT

MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON, TRUSTEES IN BANKRUPTCY OF THE PROPERTY OF LYNTON NOEL CHARLES FREEMAN

SECOND APPLICANT

AND: LYNTON NOEL CHARLES FREEMAN (A BANKRUPT)

RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 22 DECEMBER 2005

WHERE MADE: BRISBANE

THE COURT ORDERS: (1) Mr Freeman shall not, without the leave of the Court, commence in this Court any proceeding against the National Australia Bank Ltd ("the Bank") or against Matthew Leslie Joiner and Philip Gregory Jefferson, the respondent's Trustees in Bankruptcy ("the Trustees"), or against both the Bank and the Trustees, or any of their servants, officers, agents or employees, other than an appeal against this order. (2) Any proceeding initiated by Mr Freeman in the Federal Court of Australia against the Bank or the Trustees prior to the making of this order shall not be continued by Mr Freeman without the leave of the Court, other than appeal against these orders. (3) Any application by Mr Freeman for leave of the Court to institute any proceedings against the Bank or the Trustees, or both, shall be served upon the Bank or the Trustees, as the case may be, at least three clear working days prior to the application for leave being filed in the Court. (4) Any such application by the respondent for leave shall be made and determined ex parte, unless the Bank or the Trustees seek to be heard in relation to the application for leave.