Freeman v NAB

[2006] QCA 260

SUPREME COURT OF QUEENSLAND

CITATION:

Freeman v NAB [2006] QCA 260

PARTIES:

LYNTON NOEL CHARLES FREEMAN
(plaintiff/applicant)
v
NATIONAL AUSTRALIA BANK LIMITED
ACN 004 044 937
(defendant/respondent)

FILE NO/S:

Appeal No 219 of 2006
SC No 5438 of 2005

DIVISION:

Court of Appeal

PROCEEDING:

Miscellaneous Application - Civil

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

18 July 2006

DELIVERED AT:

Brisbane

HEARING DATE:

8 May 2006

JUDGES:

McMurdo P, White and Philippides JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made

ORDER:

1.    Application under Uniform Civil Procedure Rules 1999 (Qld) r 668 is refused with costs to be assessed
2.    Applicant is given leave to amend his notice of appeal       in Appeal No 219 of 2006 in accordance with his       amended notice of appeal on pages A005 to A012 of       his bundle of material supporting his application for       leave to amend that notice of appeal, other than       paragraphs R(iv); Q; R; S(iii) and (iv) and T(iii) on       pages 4 and 5 of that amended notice of appeal

CATCHWORDS:

APPEAL - GENERAL PRINCIPLES - RIGHT OF APPEAL - WHO MAY EXERCISE RIGHT - UNSUCCESSFUL PARTY - where applicant seeks under UCPR r 668 to have an order by the Chief Justice finding that as an undischarged bankrupt the applicant lacked standing to apply to have previous court orders set aside - where applicant claims that respondent has acted fraudulently and seeks damages for loss of property and malicious prosecution - where applicant has a long history of unsuccessful litigation with respondent and others - where applicant has been declared a vexatious litigant at state and federal court levels - whether applicant has a legitimate claim against respondent - whether an interest acquired after bankruptcy vests in the trustee or in the bankrupt under Bankruptcy Act 1966 (Cth) - whether Chief Justice was right to find that applicant lacked standing in his earlier application

Bankruptcy Act 1966 (Cth), s 58, s 116, s 126
Uniform Civil Procedure Rules 1999 (Qld), r 668

Cohen v Mitchell (1890) 25 QBD 262, applied
Cummings v Claremont Petroleum NL (1996) 185 CLR 124, applied
Daemar v Industrial Commission of New South Wales [No 2] (1990) 22 NSWLR 178, cited
Evans v Hi-Fert Pty Ltd [2003] SASC 186, applied
Stone v Ace-IRM Insurance Broking Pty Ltd [2004] 1 Qd R 173, cited

COUNSEL:

The applicant appeared on his own behalf
I R Perkins for the respondent

SOLICITORS:

The applicant appeared on his own behalf
Mallesons Stephen Jaques for the respondent

1. McMURDO P:  The applicant, Mr Freeman, filed an application in this Court on 2 March 2006 for an order under the Uniform Civil Procedure Rules 1999 (Qld) ("UCPR") r 668 to set aside an order made by the Chief Justice sitting in the Trial Division on 15 October 2003. He also applies to amend his notice of appeal in Appeal No 219 of 2006, an appeal from an order of…