Coutsournas v Commonwealth Bank of Australia [2010] FCA 899

FEDERAL COURT OF AUSTRALIA

Coutsournas v Commonwealth Bank of Australia [2010] FCA 899 Citation: Coutsournas v Commonwealth Bank of Australia [2010] FCA 899

Parties: PETER COUTSOURNAS v COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

File number: VID 463 of 2010

Judge: DODDS-STREETON J

Date of judgment: 20 August 2010

Catchwords: PRACTICE AND PROCEDURE – application for summary disposal under Federal Court Rules O 20 r 5 – consideration of when jurisdiction to dismiss a proceeding for abuse of process should be exercised – previous applications at Victorian Civil and Administrative Tribunal unsuccessfully pursued based on substantially similar allegations to those in current proceeding – allegations of statutory contraventions not coherently developed and did not found sustainable cause of action – no indication the applicant suffered any loss or damage by reason of alleged conduct – proceeding vexatious and an abuse of process – proceeding dismissed

Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12GF Corporations Act 2001 (Cth), s 1041(I) Federal Court Rules 1979 (Cth), O 20 r 5 Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 75(1)(a)

Cases cited: Australian Building Industries Pty Limited v Stramit Corporation Limited [1997] FCA 1318 Chu Sing Wun v Minister for Immigration and Ethnic Affairs (1997) 47 ALD 538 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Dow Hager Lawrance v Lord Norreys (1890) 15 App Cas 210 Roser v Immigration Review Tribunal (No 2) (1992) 29 ALD 182 Shumack v Commissioner, Australian Federal Police [2005] FCA 1476