Federal Court of Australia
Federal Court of Australia
Ogbonna v CTI Logistics Ltd (No 3) [2024] FCA 872 Appeal from: CTI Logistics v Ogbonna [2022] FedCFamC2G 781
File number: WAD 218 of 2022
Judgment of: FEUTRILL J
Date of judgment: 6 August 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to file proposed interlocutory application – proposed applicant subject of vexatious proceedings order - refusal to accept document that is abuse of process or is frivolous or vexatious
Legislation: Federal Court Rules 2011 (Cth) rr 36.51–36.56. 39.05; Pt 42 Div 42.2
Cases cited: Ogbonna, in the matter of Ogbonna [2023] FCA 1334 Ogbonna v CTI Logistics Ltd (No 2) [2024] FCA 383
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 13
Date of hearing: Determined on the papers
Counsel for the Applicant: The Appellant did not appear
Counsel for the Respondents: The Respondents did not appear
Solicitor for the Respondents: Jackson McDonald
ORDERS WAD 218 of 2022
BETWEEN: CELESTINE OGBONNA Appellant
AND: CTI LOGISTICS LTD (ACN 008 778 925) First Respondent
MARK VANDERLIST Second Respondent
TIM BARTON Third Respondent
order made by: FEUTRILL J DATE OF ORDER: 6 August 2024
THE COURT ORDERS THAT: 1. Leave be refused for the appellant to file the interlocutory application for orders to vary or set aside orders of the Court and to charge Matthew David Reid for alleged contempt, the statement of charge and the affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 10 July 2024 lodged with the Court on 10 July 2024. 2. As a consequence of paragraph 1 of these orders, the following documents lodged on 10 July 2024 not be accepted for filing: (a) Form 35 interlocutory application of the appellant; (b) Form 137 statement of charge of the appellant; and (c) Form 59 affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 10 July 2024. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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