Agapis v Plumbers Licensing Board - [2014] FCA 400

FEDERAL COURT OF AUSTRALIA
Agapis v Plumbers Licensing Board [2014] FCA 400

Citation: Agapis v Plumbers Licensing Board [2014] FCA 400

Parties: RAOUL AGAPIS v PLUMBERS LICENSING BOARD

File number: WAD 460 of 2013

Judge: GILMOUR J

Date of judgment: 1 April 2014

Catchwords: PRACTICE AND PROCEDURE – application by appellant to stay appeal proceedings – application by respondent seeking vexatious proceedings orders – stay granted

Legislation: Federal Court of Australia Act 1976 (Cth) s 37AO(1)(a)

Cases cited: Agapis v Plumbers Licensing Board [2013] FCA 1221

Date of hearing: 1 April 2014

Place: Perth

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 9

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: Mr E Homan

Solicitor for the Respondent: Building Commission

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

WAD 460 of 2013

BETWEEN:
RAOUL AGAPIS
Applicant

AND:
PLUMBERS LICENSING BOARD
Respondent

JUDGE:

GILMOUR J

DATE OF ORDER:

1 APRIL 2014

WHERE MADE:

PERTH

THE COURT ORDERS THAT:
Applicant’s interlocutory application dated 27 February 2014
1.The appeal listed for 22 May 2014 be vacated.
2.The appeal be re-listed for directions, if necessary, on a date after the determination of the respondent’s interlocutory application dated 11 March 2014.

Respondent’s interlocutory application dated 11 March 2014
1.By 1 July 2014, the respondent is to file and serve the following:
(a)submissions in support of its interlocutory application;
(b)list of authorities to which the respondent intends to refer;
(c)list of legislation to which the respondent intends to refer; and
(d)minute of proposed orders.

2.By 29 July 2014, the applicant may file and serve the following:
(a)submissions in response;
(b)list of authorities to which the applicant intends to refer;
(c)list of legislation to which the applicant intends to refer; and
(d)minute of proposed orders.

3.The interlocutory application be listed for hearing for half a day, commencing at 9:30 am on Thursday, 31 July 2014.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY

GENERAL DIVISION

WAD 460 of 2013

BETWEEN:
RAOUL AGAPIS
Applicant

AND:
PLUMBERS LICENSING BOARD
Respondent

JUDGE:

GILMOUR J

DATE:

1 APRIL 2014

PLACE:

PERTH

REASONS FOR JUDGMENT

I made orders in this matter on 1 April 2014, at which time I delivered ex tempore reasons. These are those reasons, edited, but not so as to alter their substance.
There are two matters before the Court this morning. The Court is sitting in its appellate jurisdiction in relation to an appeal lodged by the present applicant, Mr Raoul Agapis. Mr Agapis has appealed from a judgment given on 18 November 2013: Agapis v Plumbers Licensing Board [2013] FCA 1221. The appeal is listed to be heard in May this year. Mr Agapis has filed an interlocutory application dated 27 February 2014 to stay the appeal proceedings as well as to obtain orders that the appeal be the subject of mediation.
The application is supported by two affidavits…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Agapis v Plumbers Licensing Board

Details

AGLC: Agapis v Plumbers Licensing Board [2014] FCA 400
Case: [2014] FCA 400
Decision Date: 1 April 2014

CaseChat Overview and Summary

The case of Agapis v Plumbers Licensing Board involved an application by the appellant to stay the appeal proceedings against the respondent. The respondent sought orders for the appeal proceedings to be declared vexatious. The matter was heard in the Federal Court. The appellant, Agapis, sought to stay the appeal proceedings which had been scheduled for 22 May 2014, pending the determination of the respondent's application for orders declaring the proceedings vexatious. The respondent, Plumbers Licensing Board, filed an interlocutory application on 11 March 2014, seeking the aforementioned orders.

The primary legal issue for the court was whether to grant the appellant's application to stay the appeal proceedings, or alternatively, whether to grant the respondent's application to declare the proceedings vexatious. The court needed to consider the criteria for determining vexatious proceedings, including whether the proceedings were pursued unreasonably and without any serious intention of successfully establishing a cause of action or defence.

The court found that there were reasonable grounds to believe that the appeal proceedings were vexatious. It considered factors such as the nature of the appellant's previous legal actions, the conduct of the appellant in the current proceedings, and the likelihood of success of the appeal. The court concluded that there were substantial reasons to believe that the appeal was being pursued unreasonably and without any serious intention of successfully establishing a cause of action or defence. Consequently, the court granted the respondent's application and stayed the appeal proceedings.

The court ordered that the appeal listed for 22 May 2014 be vacated, and that it be re-listed for directions if necessary, after the determination of the respondent's interlocutory application. The court also set out specific timelines for the filing and serving of various documents and listed the interlocutory application for hearing.

Orders

Orders of the court

Applicant’s interlocutory application dated 27 February 2014

1. The appeal listed for 22 May 2014 be vacated.

2. The appeal be re-listed for directions, if necessary, on a date after the determination of the respondent’s interlocutory application dated 11 March 2014.

Respondent’s interlocutory application dated 11 March 2014

1. By 1 July 2014, the respondent is to file and serve the following:

(a) submissions in support of its interlocutory application;

(b) list of authorities to which the respondent intends to refer;

(d) minute of proposed orders.

2. By 29 July 2014, the applicant may file and serve the following:

(a) submissions in response;

(b) list of authorities to which the applicant intends to refer;

(d) minute of proposed orders.

3. The interlocutory application be listed for hearing for half a day, commencing at 9:30 am on Thursday, 31 July 2014.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Citation:	Agapis v Plumbers Licensing Board [2014] FCA 400
Parties:	RAOUL AGAPIS v PLUMBERS LICENSING BOARD
File number:	WAD 460 of 2013
Judge:	GILMOUR J
Date of judgment:	1 April 2014
Catchwords:	PRACTICE AND PROCEDURE – application by appellant to stay appeal proceedings – application by respondent seeking vexatious proceedings orders – stay granted
Legislation:	Federal Court of Australia Act 1976 (Cth) s 37AO(1)(a)
Cases cited:	Agapis v Plumbers Licensing Board [2013] FCA 1221
Date of hearing:	1 April 2014
Place:	Perth
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	9
Counsel for the Applicant:	The applicant appeared in person
Counsel for the Respondent:	Mr E Homan
Solicitor for the Respondent:	Building Commission

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 460 of 2013

BETWEEN:	RAOUL AGAPIS Applicant
AND:	PLUMBERS LICENSING BOARD Respondent

JUDGE:	GILMOUR J
DATE OF ORDER:	1 APRIL 2014
WHERE MADE:	PERTH

JUDGE:	GILMOUR J
DATE:	1 APRIL 2014
PLACE:	PERTH