Agapis v Plumbers Licensing Board (No 2)

[2014] FCA 1045

FEDERAL COURT OF AUSTRALIA

Agapis v Plumbers Licensing Board (No 2) [2014] FCA 1045

Citation:	Agapis v Plumbers Licensing Board (No 2) [2014] FCA 1045
Parties:	RAOUL AGAPIS v PLUMBERS LICENSING BOARD
File number:	WAD 460 of 2013
Judge:	GILMOUR J
Date of judgment:	26 September 2014
Catchwords:	PRACTICE AND PROCEDURE – application by appellant for leave to amend grounds of appeal - application by respondent for orders pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether or not the appellant has frequently instituted or conducted vexatious proceedings in Australian courts or tribunals – relevant principles
Legislation:	Constitution Ch III High Court Rules (Cth) O 63 r 6 Federal Court of Australia Act 1976 (Cth) ss 37AM(1), 37AO Mutual Recognition Act 1992 (Cth)
Cases cited:	Agapis v The State of Western Australia [2012] WASCA 132 Attorney General of NSW v Wilson [2010] NSWSC 1008 Agapis v Plumbers Licensing Board [2013] FCA 1221 Attorney General v Chan [2011] NSWSC 1315 Dietrich v The Queen (1992) 177 CLR 292 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Fuller v Toms [2013] FCA 1422 HWY Rent Pty Ltd v HWY Rentals (in liq) (No 2) [2014] FCA 449 Jones v Cusack (1992) 109 ALR 313 Jones v Skyring (1992) 109 ALR 303 Ramsey v Skyring (1999) 164 ALR 378 Raoul Agapis and Plumbers Licensing Board [2013] AATA 187 In re Vernazza [1960] 1 QB 197 Singh v The Owners Strata Plan 11723 [2013] NSWSC 1595
Date of hearing:	31 July 2014
Place:	Perth
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	56
Counsel for the Appellant:	The appellant 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 Appellant
AND:	PLUMBERS LICENSING BOARD Respondent

JUDGE:	GILMOUR J
DATE OF ORDER:	26 SEPTEMBER 2014
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The appellant’s interlocutory application filed on 3 June 2014 be dismissed.

2.The appeal proceeding be dismissed.

3.The appellant pay the respondent’s costs of the appeal proceeding, including in relation to the appellant’s interlocutory application filed on 3 June 2014.

4.The appellant be prohibited from instituting proceedings in the Court.

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 Appellant
AND:	PLUMBERS LICENSING BOARD Respondent

JUDGE:	GILMOUR J
DATE:	26 SEPTEMBER 2014
PLACE:	PERTH

REASONS FOR JUDGMENT

1. The appellant has by interlocutory application sought leave to amend his grounds of appeal.  I would dismiss this application for reasons set out later in these reasons.

2. The respondent has applied for orders under s 37AO of the Federal Court of Australia Act 1976 (Cth) (the FCA Act).

3. Relevantly the following issues arise on the respondent’s application:

   (a)whether the appellant has frequently instituted or conducted vexatious…