Freeman v National Australia Bank Limited & Ors

[2007] HCATrans 278

[2007] HCATrans 278

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Brisbane  No B16 of 2006

B e t w e e n -

LYNTON NOEL CHARLES FREEMAN

Applicant

and

NATIONAL AUSTRALIA BANK LIMITED

First Respondent

MATTHEW LESLIE JOINER AND PHILIP GREGORY JEFFERSON, TRUSTEES IN BANKRUPTCY OF THE PROPERTY OF LYNTON NOEL CHARLES FREEMAN

Second Respondents

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 14 JUNE 2007, AT 9.17 AM

Copyright in the High Court of Australia

GUMMOW J:   In 1997, the applicant and the first respondent entered into a mediation agreement concerning the repayment or refinancing of a mortgage over the applicant's property.  The applicant did not comply with the terms of this agreement.  There ensued extensive litigation brought by the applicant against the first respondent.

Upon the first respondent's application to the Federal Court, Spender J made orders on 22 December 2005 that the applicant be declared a vexatious litigant pursuant to the Federal Court Rules, Order 21 r 2.  These orders prevented the applicant from commencing further proceedings against the respondents without leave.  The orders of Spender J were upheld by the Full Court (Sundberg, Kenny and Gyles JJ) on 19 May 2006.

In the special leave application to this Court, the applicant challenges the holding that he is a vexatious litigant.  The application discloses no error in the reasoning of the Federal Court.  No question of law is raised that would warrant a grant of special leave, and any appeal has no prospect of success.  Special leave is accordingly refused.

Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application for special leave.

I publish the disposition signed by Justice Heydon and myself.

AT 9.18 AM THE MATTER WAS CONCLUDED