Federal Court of Australia
Federal Court of Australia
Garrett, in the matter of application by Garrett [2020] FCA 1704 File number: SAD 143 of 2020
Judgment of: WHITE J
Date of judgment: 26 November 2020
Catchwords: PRACTICE AND PROCEDURE – application by the subject of a vexatious proceeding order for leave under s 37AT of the Federal Court of Australia Act 1976 (Cth) to institute a proceeding – application refused.
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11 Australian Human Rights Commission Act 1986 (Cth) ss 20(2), 46PO Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) ss 37AM, 37AO, 37AQ, 37AR, 37AS, 37AT Federal Court Rules 2011
Cases cited: Fuller v Toms [2015] FCAFC 91; (2015) 234 FCR 535 Gallo v Attorney-General [1984] VICSC 412 Garrett, in the matter of Company One [2016] FCA 703
Division: General Division
Registry: South Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 41
Date of hearing: Determined on the papers
Counsel for the Applicant: The Applicant was self-represented
ORDERS SAD 143 of 2020
ANDREW MORTON GARRETT PERSONALLY, AND AS TRUSTEE FOR THE ANDREW GARRETT FAMILY TRUST NO 4 ABN 42 388 204 496 TRADING AS OENOVIVA CAPITAL RESOURCES Applicant
order made by: WHITE J DATE OF ORDER: 26 NOVEMBER 2020
THE COURT ORDERS THAT:
1. The application for leave to institute proceedings under s 37AT of the Federal Court of Australia Act 1976 (Cth) is refused. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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