Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ferdinands v The State of South Australia (No 2) [2017] FCA 1436 File number: SAD 123 of 2016
Judge: CHARLESWORTH J
Date of judgment: 4 December 2017
Catchwords: BANKRUPTCY AND INSOLVENCY – application for summary judgment on the ground that the applicant does not have standing to sue in respect of claims founded in copyright – applicant a discharged bankrupt – whether moral rights under Copyright Act 1968 (Cth) vested in applicant's former trustee in bankruptcy — whether chose in action founded in ownership of copyright remained vested in trustee upon applicant's discharge from bankruptcy – standing to sue sufficiently arguable to refuse application for summary judgment PRACTICE AND PROCEDURE – whether proceedings frivolous, vexatious or an abuse of process – proceedings founded in breach of copyright – factual foundation for copyright claims largely incomprehensible – applicant seeking to re-agitate historical disputes already judicially determined – applicant seeking to use court processes to conduct wide ranging investigation into past perceived wrongs – proceedings dismissed as an abuse of the processes of the Court
Legislation: Bankruptcy Act 1966 (Cth), ss 58, 116 Copyright Act 1968 (Cth), ss 115, 192, 195AI, 195AJ, 195AK, 195AM, 195AZ, 195AZA, Pt IX Federal Court of Australia Act 1976 (Cth), ss 32, 37M Judiciary Act 1903 (Cth), s 39B Federal Court Rules 2011 (Cth), rr 5.23, 26.01 Police Act 1998 (SA)
Cases cited: Agar v Hyde (2000) 201 CLR 552 Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256 Daemar v Industrial Commission of New South Wales (No 2) (1990) 22 NSWLR 178 Ferdinands v The State of South Australia [2016] FCA 1268 Hunter v Chief Constable of West Midlands Police [1982] AC 529 Jones v Skyring [1992] HCA 39, (1992) 109 ALR 303 Manolakis v Carter [2008] FCAFC 183 Moore v Inglis (1976) 9 ALR 509 Ridgeway v The Queen (1995) 184 CLR 19 Silvia v Thomson [1989] FCA 394, (1989) 87 ALR 695 Spencer v The Commonwealth (2010) 241 CLR 118 Walton v Gardiner (1993) 177 CLR 378
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