Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mulhern v Pearce (No 3) [2015] FCA 806 Citation: Mulhern v Pearce (No 3) [2015] FCA 806
Parties: MICHAEL RICHARD MULHERN v MARK WILLIAM PEARCE AND ANDREW JOHN HEERS AS FEDERAL COURT OF AUSTRALIA APPOINTED TRUSTEES OF THE AUSTRALIAN ESTATE OF MICHAEL RICHARD MULHERN , JOSEPH MICHAEL DODRILL, JOHN ANTHONY DODRILL and BANK OF QUEENSLAND LIMITED ACN 009 656 740
File number: NSD 1888 of 2013
Judge: RANGIAH J
Date of judgment: 10 August 2015
Catchwords: PRACTICE AND PROCEDURE – application for vexatious proceedings order – whether proceedings vexatious – meaning of "vexatious" – whether proceedings instituted frequently – meaning of "proceedings" – meaning of "frequently" – whether Court's discretion should be exercised – application allowed PRACTICE AND PROCEDURE – application for leave to reopen case to adduce further evidence following conclusion of hearing and judgment reserved – where evidence highly relevant to reserved judgment – application allowed
Legislation: Bankruptcy Act 1966 (Cth) s 58, 77(1), 78(1), 309(2) and 43(1)(b) Federal Court of Australia Act 1976 (Cth) ss 31A(3), 37AM(1), 37AO(1), (2), (3), (4), (6) and Part VAAA Federal Court Rules 2011(Cth) r 6.02, 26.01
Cases cited: Attorney General (NSW) v Gargan [2010] NSWSC 1192 cited Attorney General (NSW) v Wilson [2010] NSWSC 1008 cited Attorney-General (NSW) v Chan [2011] NSWSC 1315 cited Bing! Software Pty Ltd v Bing Technologies Pty Ltd (No 2) [2008] FCA 1761 cited Dodrill v The Irish Restaurant & Bar Co Pty Ltd & Ors [2009] QSC 317 cited Fuller v Toms [2015] FCAFC 91 cited Gargan v Kippin Investments Pty Ltd [2009] FCA 398 cited Garrett v Commissioner of Taxation [2015] FCA 117 cited Garrett v Make Wine Pty Ltd (2014) 110 IPR 244; [2014] FCA 1258 cited HWY Rent Pty Ltd v HWY Rentals (in liq) (No 2) [2014] FCA 449 cited Kowalski v MMAL Staff Superannuation Fund Pty Ltd (2007) 242 ALR 370; [2007] FCA 1069 cited Mulhern v Bank of Queensland [2015] FCA 44 cited Mulhern v Pearce & Anor [2012] FMCA 1186 cited Mulhern v Pearce & Anor [2013] FMCA 229 cited Mulhern v Pearce (No 2) (2014) 143 ALD 67; [2014] FCA 805 cited Mulhern v Pearce [2012] FCA 631 cited Mulhern v Pearce [2012] FCA 884 cited Mulhern v Pearce [2013] FCA 1138 cited Mulhern, in the matter of Mulhern (Bankrupt) v Pearce (Trustee) [2012] FCA 570 cited National Australia Bank Ltd v Freeman [2005] FCA 1895 cited Pearce (Trustee) v Mulhern (Bankrupt) (No 2) [2012] FCA 7 cited Pearce (Trustee) v Mulhern (Bankrupt) (No 3) (2012) 124 ALD 420; [2012] FCA 16 cited Pearce (Trustee) v Mulhern (Bankrupt) (No 4) [2012] FCA 54 cited Pearce (Trustee) v Mulhern (Bankrupt) [2011] FCA 930 cited Ramsay v Skyring (1999) 164 ALR 378; [1999] FCA 907 cited
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