Cull v Singh

Case [2024] FCA 258


FEDERAL COURT OF AUSTRALIA

Cull v Singh [2024] FCA 258

File number: VID 492 of 2022
Judgment of: SNADEN J
Date of judgment: 22 March 2024
Catchwords: PRACTICE AND PROCEDURE – application for vexatious proceedings orders pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) – whether respondent is a person who has frequently commenced vexatious proceedings – meaning of “vexatious” – whether respondent has a history of relitigating matters decided against him – whether respondent has a history of burdening courts and other litigants with applications that are hopeless or otherwise abuses of process – nature and appropriateness of orders – orders granted
Legislation:

Bankruptcy Act 1966 (Cth) ss 58, 60

Federal Court of Australia Act 1976 (Cth) ss 37AM, 37AO

Jurisdiction of Courts (Cross‑vesting) Act 1987 (Cth) s 7

Residential Tenancies Act 2010 (NSW)

Cases cited:

Boensch v Pascoe [2016] NSWCA 191

Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2) [2020] FCA 30

Fuller v Toms (2015) 234 FCR 535

Fokas v Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (No 2) [2020] FCA 30

Lekhwar v Singh [2022] NSWCATCD 108

Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398

Ogbonna v CTI Logistics Limited (No 6) [2022] FCA 615

Singh v Fobupu Pty Ltd, in the matter of Singh [2020] FCA 886

Singh v Fobupu Pty Ltd, in the matter of Singh [2021] FCAFC 14

Singh v Khan [2021] FCA 140

Singh v Khan [2021] NSWSC 1093

Singh v Khan (No 2) [2021] FCA 463

Singh v Khan [2023] FCA 76

Singh v Secretary, Department of Communities and Justice [2022] NSWSC 78

Singh v Singh; Singh v RCMO Pty Limited; Singh v Sharma; Singh v Murphy; Singh v Armstrong; Singh v Tidball [2023] NSWSC 280

Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 72
Date of hearing: 28 April 2023
Counsel for the Applicants: Mr A Segal
Solicitor for the Applicants: Mason Black & Mendelsons Lawyers
Counsel for the Respondent: The respondent appeared in person

ORDERS

VID 492 of 2022
BETWEEN:

INNIS ANTHONY CULL

First Applicant

GESS MICHAEL RAMBALDI

Second Applicant

AND:

GURJIT SINGH

Respondent

ORDER MADE BY:

SNADEN J

DATE OF ORDER:

22 MARCH 2024

THE COURT ORDERS THAT:

1.Pursuant to section 37AO(2)(b) of the Federal Court of Australia Act 1976 (Cth), the respondent be prohibited from instituting or continuing to prosecute, in any registry of the Federal Court of Australia, any proceedings without leave of this court.

2.The respondent pay the applicants’ costs of and incidental to the application, to be assessed in default of agreement in accordance with the court’s Costs Practice Note (GPN-COSTS).

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


REASONS FOR JUDGMENT

SNADEN J:

  1. The Federal Court of Australia Act 1976 (Cth) (the “FCA Act”) provides for the making of what are known as “vexatious proceedings…

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AGLC
Cull v Singh [2024] FCA 258
Case
[2024] FCA 258
Decision Date

CaseChat Overview and Summary

In the Federal Court of Australia, Cull, as the applicant, sought an order against Singh, the respondent, to prohibit him from initiating or continuing any legal proceedings without the court's leave, on the grounds that he frequently engaged in vexatious litigation. The case involved an application under section 37AO of the Federal Court of Australia Act 1976 (Cth) for an order to restrict the respondent's access to the court due to a pattern of vexatious behaviour.

The court was required to determine whether Singh was a person who frequently commenced vexatious proceedings. This involved interpreting the term "vexatious" and assessing whether Singh had a history of relitigating matters that had already been decided against him, as well as whether he had a pattern of burdening courts and other litigants with applications that were hopeless or otherwise constituted an abuse of process. The court also needed to consider the nature and appropriateness of any orders that might be made to address the vexatious behaviour.

The court found that Singh had indeed engaged in vexatious litigation by repeatedly pursuing matters that had already been decided against him, thereby abusing the court process and burdening the legal system. The court concluded that Singh's conduct warranted the granting of the orders sought by Cull. Consequently, the court made an order prohibiting Singh from instituting or continuing any proceedings in any registry of the Federal Court without leave, and ordered Singh to pay the applicants’ costs of and incidental to the application. The orders were intended to curtail Singh's vexatious litigation and to ensure that the court’s resources were not wasted on futile proceedings.

Orders

Orders of the court

1. Pursuant to section 37AO(2)(b) of the Federal Court of Australia Act 1976 (Cth), the respondent be prohibited from instituting or continuing to prosecute, in any registry of the Federal Court of Australia, any proceedings without leave of this court.

2. The respondent pay the applicants’ costs of and incidental to the application, to be assessed in default of agreement in accordance with the court’s Costs Practice Note (GPN-COSTS).

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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