Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ninan v St George Bank Ltd [2014] FCA 334 Citation: Ninan v St George Bank Ltd [2014] FCA 334
Parties: GEORGE NINAN AND MOLLY GEORGE v ST GEORGE BANK LTD (ABN 92 055 513 070) and WESTPAC BANKING CORPORATION (ABN 33 007 457 141)
File number: WAD 491 of 2013
Judge: MCKERRACHER J
Date of judgment: 3 April 2014
Catchwords: PRACTICE AND PROCEDURE – application for leave to commence proceedings repeating allegations made in previous proceedings – whether pursuing proceedings would be an abuse of process – patent deficiencies in pleadings – applicants seeking to repeat same claims made in previous proceedings – proposed proceedings would be an abuse of process – leave to file the proceeding refused
Cases cited: Ninan v St George Bank Ltd (2012) 294 ALR 190 Ninan v St George Bank Ltd (No 2) [2013] FCA 273 Ninan v St George Bank Ltd [2013] FCA 818 Ninan v Valuer-General of Western Australia [2013] FCA 789 Ninan v Valuer-General of Western Australia (No 2) [2013] FCA 1180 Spalla v St George Motor Finance Ltd (ACN 007 656 555) (No 6) [2004] FCA 1699
Date of hearing: Determined on the papers
Date of last submissions: 7 March 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 22
Counsel for the Applicant: Mr Ninan represented the applicants
Counsel for the Respondents: Mr P Newton
Solicitor for the Respondents: Kemp Strang
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 491 of 2013
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