Batterham v Clayton Utz Partnership [2022] FCA 360

Federal Court of Australia

Batterham v Clayton Utz Partnership [2022] FCA 360 File number(s): NSD 790 of 2021

Judgment of: HALLEY J

Date of judgment: 7 April 2022

Catchwords: PRACTICE AND PROCEDURE – application for summary dismissal or strike out pursuant to rr 16.21 and 26.01 Federal Court Rules 2011 (Cth) and s 31A of the Federal Court of Australia Act 1975 (Cth) – where applicant a discharged bankrupt who seeks to recover alleged diminution in value of shares, compensation for a personal costs order made against him and compensation for stress and anxiety and loss of future income – where applicant and trustee of self-managed superannuation fund commenced various proceedings – where claims disclose no reasonable cause of action – where loss and damage not caused by respondents – where proceedings time barred – where no relevant implied term in deed of release – where claims barred as a result of res judicata and issue estoppel – where causes of action vested in applicant's trustee in bankruptcy upon making of a sequestration order – proceedings dismissed as against each of the respondents

Legislation: Bankruptcy Act 1966 (Cth) ss 58, 60, 116 Competition and Consumer Act 2010 (Cth), Schedule 2, Australian Consumer Law ss 18, 21 Corporations Act 2001 (Cth) s 184 Federal Court of Australia Act 1976 (Cth) s 31A Superannuation Industry (Supervision) Act 1993 (Cth) s 26 Federal Court Rules 2011 (Cth) rr 16.21, 26.01 Uniform Civil Procedure Rules 2005 (Cth) r 13 Industrial Relations Act 1996 (NSW) s 106 Legal Profession Act 2004 (NSW) s 368 Vexatious Proceedings Act 2008 (NSW) s 8