Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Freeman v National Australia Bank Limited [2012] FCA 866 Citation: Freeman v National Australia Bank Limited [2012] FCA 866
Appeal from: Application for extension of time: Freeman v National Australia Bank [2012] FCA 659 Application for leave to appeal: Freeman v National Australia Bank [2012] FCA 659
Parties: LYNTON NOEL CHARLES FREEMAN v NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937) and MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON, TRUSTEES IN THE BANKRUPTCY OF THE PROPERTY OF LYNTON NOEL CHARLES FREEMAN
File number: QUD 215 of 2012
Judge: COLLIER J
Date of judgment: 16 August 2012
Catchwords: PRACTICE AND PROCEDURE – vexatious litigant – application for extension of time for leave to appeal – application for leave to appeal against decision dismissing application to rescind vexatious litigant orders – order declaring vexatious litigant interlocutory not final – relevant principles in considering application for extension of time and for leave to appeal – reopening previous decision because of alleged fresh evidence – merits of case – whether primary judge had proper regard to issues raised by applicant – indemnity costs
Legislation: Federal Court of Australia Act 1976 (Cth) ss 24(1A), 43 Federal Court Rules 2011 (Cth) Pt 6 Div 6.1, rr 35.13, 35.14, 36.05
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 cited Croker v Minister for the Department of Finance and Deregulation [2011] FCA 1418 cited Freeman v National Australia Bank [2012] FCA 659 related Freeman v National Australia Bank Ltd [2006] QCA 329 cited House v R (1936) 55 CLR 499 cited Kowalski v Mitsubishi Motors Australia Ltd (2011) 198 FCR 153 cited Monroe Schneider Associates (Inc) v No 1 Raberem Pty Ltd (No 2) (1992) 37 FCR 234 cited National Australia Bank Limited v Freeman (a Bankrupt) [2005] FCA 1895 cited Owens Bank Ltd v Bracco [1992] 2 AC 443 cited Samsung Electronics Co Ltd v Apple Inc (2011) 286 ALR 257 cited
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