Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garrett v Cahill [2015] FCA 664 Citation: Garrett v Cahill [2015] FCA 664
Parties: ANDREW MORTON GARRETT v FRANCIS MICHAEL CAHILL AND OTHERS NAMED IN THE SCHEDULE
File number: VID 297 of 2015
Judge: KENNY J
Date of judgment: 2 JULY 2015
Catchwords: PRACTICE AND PROCEDURE – Application to institute proceedings under s 37AR of Federal Court of Australia Act 1976 (Cth) – proposed extension of time application and proposed appeal against sequestration order – whether "vexatious proceeding" under Pt VAAA of Federal Court of Australia Act 1976 (Cth) – no reasonable likelihood of success
Legislation: Federal Court of Australia Act 1976 (Cth) Bankruptcy Act 1966 (Cth) Federal Circuit Court of Australia Act 1999 (Cth) Federal Court Rules 2011 (Cth) Charter of Human Rights and Responsibilities Act 2006 (Vic) Australian Human Rights Commission Act 1986 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Cases cited: Garrett v Commissioner of Taxation [2015] FCA 485 Walton v Gardiner [1993] HCA 77; 177 CLR 378 Smits v Loel [2014] FCA 1341 Spain v Belcher [2014] FCA 663 SZQYP v Hannigan [2012] FCA 723 von Reisner v Commonwealth (2009) 177 FCR 531 Mehmood v Attorney-General (Cth) [2013] FCA 406; 141 ALD 339 Adam P Brown Male Fashions Pty v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Wren v Mahony (1972) 126 CLR 212 Ling v Enrobook Pty Ltd [1997] FCA 226; 74 FCR 19 Australian & New Zealand Banking Group Pty Ltd v Foyster [2000] FCA 400
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