Federal Court of Australia
Federal Court of Australia
Australian Prudential Regulation Authority v Garrett [2023] FCA 956 File number: NSD 741 of 2023
Judgment of: LEE J
Date of judgment: 14 August 2023
Catchwords: BANKING AND FINANCIAL INSTITUTIONS – "jumble of gobbledygook" – where respondent claims that trial judge and other judges are bankrupts and should be extradited and imprisoned in Siberia or Outer Mongolia – where respondent claims to be repository of all public powers in Commonwealth of Nations – injunctions –application by Australian Prudential Regulation Authority (APRA) to permanently restrain applicant from conducting "banking business" within the meaning of the Banking Act 1959 (Cth) (Banking Act) – where respondent vexatious litigant – latest iteration in broader litigious saga – where respondent associated with various non-legal "banking" entities – where entities controlled by respondent carrying on "banking business" without authorisation under the Banking Act – permanent injunction granted
Legislation: Constitution ss 51(xiii), 61 Australian Prudential Regulation Authority Act 1998 (Cth) Banking Act 1959 (Cth) ss 5, 7(1), 8(1), 65A, 65A(2), 65A(3), 65A(6)(a), 65A(11), 65A(12), 66, 66(4)(b), 66(4)(c) Federal Court of Australia Act 1976 (Cth) ss 23, 37AO Reserve Bank Act 1959 (Cth) s 44 Federal Court Rules 2011 (Cth) rr 8.05, 8.06, 10.01
Cases cited: Australian Prudential Regulation Authority v Siminton (No 6) [2007] FCA 1608 Australian Securities Investment Commission v Edensor Nominees Pty Limited [2001] HCA 1; (2001) 204 CLR 559 Bradley v The Queen [2020] QCA 252 Garrett, as Trustee for the Garrett Family Trust [2009] FCA 252 Garrett v Commissioner of Taxation [2015] FCA 117; (2015) 147 ALD 342 Garrett v Foster's Wine Estates Limited [2007] FCA 253 Garrett v Make Wine Pty Ltd [2014] FCA 1258 Garrett v Tseng [2007] FCA 93 Mulley v Hayes [2021] FCA 1111; (2021) 286 FCR 360 Rubis v Garrett as Trustee of the Andrew Garrett Family Trust Trading as Dynamic Commercial Workforce Solutions [2018] FCA 1760
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