FEDERAL COURT OF AUSTRALIA
Ferdinands v Registrar Cridland [2022] FCAFC 80
Appeal from: File numbers: SAD 102 of 2021
SAD 172 of 2020Judgment of: CHARLESWORTH, BURLEY AND CHEESEMAN JJ Date of judgment: 16 May 2022 Catchwords: ADMINISTRATIVE LAW — concurrent appeals – appellant lodging documents for filing – Registrars rejecting the documents under r 2.26 of the Federal Court Rules 2011 (Cth) – primary judge dismissing applications for judicial review of the Registrars’ decisions —primary judge concluding that the Registrars did not err in characterising the documents as an abuse of process, vexatious or frivolous—primary judge concluding that r 2.26 did not confer judicial power—primary judge concluding that the litigation sought to be commenced by the appellant was beyond the jurisdiction of the Court and foredoomed to fail — no appealable error – appeals – appeals dismissed Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5
Corporations Act 2001 (Cth) ss 180, 181, 182, 183, 184
Judiciary Act 1903 (Cth) s 78B
Federal Court Rules 2011 (Cth) r 2.26
Civil Liability Act 1936 (SA)
Cases cited: Bechara v Bates (2021) 286 FCR 166
Bizuneh v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 128 FCR 353
Ferdinands v Registrar Cridland [2021] FCA 592
Ferdinands v Registrar Parkyn [2020] FCA 1676
Division: General Division Registry: South Australia National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 49 Date of last submission: SAD102/2021 Appellant: 25 February 2022
SAD172/2020 Appellant: 25 February 2022Date of hearing: Determined on the papers SAD 102 of 2021 Counsel for the Appellant: The Appellant was self-represented Counsel for the Respondent: The Respondent did not appear SAD 172 of 2021 Counsel for the Appellant: The Appellant was self-represented Counsel for the Respondent: The Respondent filed a Submitting Notice ORDERS
SAD 102 of 2021 BETWEEN: TREVOR KINGSLEY FERDINANDS
Appellant
AND: MEREDITH CRIDLAND, NATIONAL REGISTRAR, FEDERAL COURT OF AUSTRALIA
Respondent
SAD 172 of 2020 BETWEEN: TREVOR KINGSLEY FERDINANDS
Appellant
AND: NIC PARKYN, ACTING NATIONAL JUDICAL REGISTRAR AND DISTRICT REGISTRAR,
FEDERAL COURT OF AUSTRALIARespondent
ORDER MADE BY:
CHARLESWORTH, BURLEY AND CHEESEMAN JJ
DATE OF ORDER:
16 MAY 2022
THE COURT ORDERS THAT:
1.The appeal is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
THE COURT:
On 14 August 2020 and 11 November 2020 the appellant lodged documents in the South Australia District Registry. On each occasion a Registrar refused to accept the documents for filing (refusal decisions). The appellant commenced separate applications for judicial review in respect of each refusal decision. Both applications were dismissed: Ferdinands v Registrar Parkyn [2020] FCA 1676 (Ferdinands v Parkyn); Ferdinands v Registrar Cridland [2021] FCA 592 (Ferdinands v Cridland).
The appellant appeals from each of the judgments in Ferdinands v…
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- Case
- [2022] FCAFC 80
- Decision Date
CaseChat Overview and Summary
The primary judge dismissed Mr Ferdinands' applications for judicial review, concluding that the Registrars had not erred in characterising the documents as an abuse of process, vexatious or frivolous. The judge also found that rule 2.26 did not confer judicial power and that the litigation sought to be commenced by Mr Ferdinands was beyond the jurisdiction of the Court and foredoomed to fail. The primary judge found no appealable error in the Registrars' decisions.
The appeals were dismissed by the court. The court found no basis for the appeals and upheld the primary judge's decision. The appeals were dismissed with no orders for costs.
Orders
Orders of the court
1. The appeal is dismissed.
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
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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