Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McCracken v Phoenix Constructions (Queensland) Pty Ltd [2012] FCA 1410 Citation: McCracken v Phoenix Constructions (Queensland) Pty Ltd [2012] FCA 1410
Appeal from: Phoenix Constructions v McCracken [2012] FMCA 855
Parties: JARROD MCCRACKEN v PHOENIX CONSTRUCTIONS (QUEENSLAND) PTY LTD (ACN 056 159 614)
File number: QUD 542 of 2012
Judge: LANDER J
Date of judgment: 10 December 2012
Catchwords: PRACTICE AND PROCEDURE – interlocutory application pursuant to s 23 of the Federal Court of Australia Act 1976 seeking order that proceeding be struck out as abuse of process – interlocutory application pursuant to r 26.01 of the Federal Court Rules 2011 seeking summary judgment – whether appellant has no reasonable prospect of successfully prosecuting the proceeding – whether the proceeding is frivolous or vexatious – whether reasonable cause of action disclosed – whether proceeding is an abuse of process – application pursuant to r 36.09 of the Federal Court Rules 2011 for security for costs
Legislation: Bankruptcy Act 1966 (Cth), ss 5, 40(1)(g), 44, 52 Federal Court of Australia Act 1976, ss 23, 24, 25 Federal Court Rules 2011, rr 26.01, 36.09 Uniform Civil Procedure Rules (Qld), ch 17A pt 3
Cases cited: Australia & New Zealand Banking Group v Coutts [2003] FCA 968
Date of hearing: 10 December 2012
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 68
Counsel for the Appellant: Mr D de Jersey
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