Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCA 60

FEDERAL COURT OF AUSTRALIA

Cirillo v Consolidated Press Property Pty Ltd (formerly known as Citicorp Australia Limited) [2007] FCA 60 INTERLOCUTORY APPLICATION – application that Statement of Claim be struck out or that summary judgment be given against the applicant under s 31A of the Federal Court of Australia Act 1976 (Cth) – Statement of Claim disclosed no reasonable cause of action – Statement of Claim was vexatious and an abuse of process. Trade Practices Act 1974 (Cth) s 52, s 82 Bankruptcy Act 1966 (Cth) s 135(1) Federal Court of Australia Act 1976 (Cth) s 31A

Concrete Constructions (NSW) Pty Ltd v Nelson (1990) 169 CLR 594 cited Little v Law Institute of Victoria (No 3) [1990] VR 257 cited WJ Green & Co (1984) Pty Ltd v Wilden Pty Ltd, (unreported, Supreme Court of Western Australia, Parker J, 24 April 1997) cited Williams v Spautz (1992) 174 CLR 509 cited Siminton v Australian Prudential Regulation Authority [2006] FCAFC 118 cited Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502 cited Cabassi v Vila (1940) 64 CLR 130 cited Cachia v Westpac Financial Services Ltd [2005] NSWCA 239 cited Markisic v Department of Community Services of New South Wales (No 2) [2006] NSWCA 321 cited D'Orta-Ekenaike v Victorian Legal Aid (2005) 214 ALR 92 cited Hanrahan v Ainsworth (1985) 1 NSWLR 370 distinguished R v Balfour; Ex parte Parkes Rural Distributions Pty Ltd (1987) 17 FCR 26 cited

Spencer Bower, Turner and Handley, Res Judicata (3rd ed, Butterworths, 1996)

VINCENZO CIRILLO v CONSOLIDATED PRESS PROPERTY PTY LTD (FORMERLY KNOWN AS CITICORP AUSTRALIA LIMITED), JOHN HAROLD HEARD, STEPHEN YOUNG, CW CONSTRUCTION PTY LTD (RECEIVER AND MANAGER APPOINTED) (IN LIQUIDATION) AND FINLAYSONS A FIRM No SAD 254 of 2006

FINN J

7 FEBRUARY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA