Reaper v Baycorp Collections PDL (Australia) Pty Limited [2020] FCA 631

FEDERAL COURT OF AUSTRALIA

Reaper v Baycorp Collections PDL (Australia) Pty Limited [2020] FCA 631 Appeal from: Baycorp Collections PDL (Australia) Pty Ltd v Reaper (No.2) [2017] FCCA 244

File number: VID 232 of 2017

Judge: SNADEN J

Date of judgment: 15 May 2020

Catchwords: PRACTICE AND PROCEDURE – appeal from a decision of the Federal Circuit Court of Australia – where the court made vexatious proceedings orders against the appellant and permanently stayed multiple interlocutory applications – procedural fairness – where orders incorrectly identified the date of the vexatious proceeding application – appellant not aware of error until after relief was granted – where appellant did not receive submissions from the applicant in support of the relief that was granted – whether orders made at the conclusion of an interlocutory hearing and in the absence of the appellant (and without notice to the appellant) constituted a denial of procedural fairness – appeal allowed in part PRACTICE AND PROCEDURE – whether the Federal Circuit Court of Australia has jurisdiction to make vexatious proceedings orders – whether the Federal Circuit Court of Australia failed to accord adequate weight to submissions – whether the primary judge's discretion miscarried – whether primary judge's failure to rule on a recusal application before making other orders amounts to error

Legislation: Bankruptcy Act 1966 (Cth) ss 52 and 153B Federal Circuit Court of Australia Act 1999 (Cth) s 88Q Federal Court of Australia Act 1976 (Cth) s 24 Federal Circuit Court Rules 2001 (Cth) rr 1.05, 2.06 and 13.10 Federal Court Rules 2011 (Cth) rr 1.34, 26.01 and 35.13