Freeman v National Australia Bank Limited

[2007] HCATrans 345

[2007] HCATrans 345

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B26 of 2006

B e t w e e n -

LYNTON NOEL CHARLES FREEMAN

Applicant

and

NATIONAL AUSTRALIA BANK LIMITED

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

KIRBY J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 1 AUGUST 2007, AT 8.58 AM

Copyright in the High Court of Australia

KIRBY J:   It is unnecessary to state the lengthy history of this case (which includes an earlier refusal by this Court to grant special leave and a declaration by the Federal Court that the appellant is a vexatious litigant) and the satellite litigation launched by the applicant in relation to it.  Suffice to say that, persistently and unmeritoriously, he has sought to avoid the consequences of judgments entered and orders made adversely to him although such judgments were regularly entered and stand in the record.

On this occasion the applicant seeks to undo the judgment and order by trying to set up a case upon facts, he asserts, only recently discovered and discernable.  In that endeavour, he failed before the Court of Appeal of the Supreme Court of Queensland.  His application to that Court was bound to fail and did fail because, as a bankrupt, the applicant had no standing to litigate as he sought to do.

The Court of Appeal was undoubtedly correct in holding against him.  There is no basis of any kind of a grant of special leave.  His application must be dismissed.

Because the applicant is unrepresented, this application for special leave falls to be dealt with in accordance with rule 41.10 of the High Court Rules 2004. Pursuant to rule 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing this application.

I now publish that disposition signed by Justice Callinan and myself.

AT 9.00 AM THE MATTER WAS CONCLUDED