FEDERAL COURT OF AUSTRALIA
Freeman v National Australia Bank Ltd [2006] FCAFC 67
National Australia Bank Ltd v Freeman [2005] FCA 1895 cited
Ramsey v Skyring (1999) 164 ALR 378 applied
Attorney‑General v Wentworth (1988) 14 NSWLR 481 cited
Jones v Skyring (1992) 66 ALJR 810 cited
Hunters Hill Municipal Council v Pedler [1976] 1 NSWLR 478 cited
Commonwealth Bank of Australia v Heinrich [2003] FCA 540 cited
Horvath v Commonwealth Bank of Australia [1999] FCA 504 cited
Granich & Associates v Yap [2004] FCA 1567 cited
Rajski v Powell (1987) 11 NSWLR 522 considered
Cummings v Claremont Petroleum NL (1996) 185 CLR 124 citedLYNTON NOEL CHARLES FREEMAN (A BANKRUPT) v NATIONAL AUSTRALIA BANK LIMITED and MATTHEW LESLIE JOINER and PHILIP GREGORY JEFFERSON, TRUSTEES IN BANKRUPTCY OF THE PROPERTY OF LYNTON NOEL CHARLES FREEMAN
QUD 3 OF 2006
SUNDBERG, KENNY AND GYLES JJ
19 MAY 2006
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QUD 3 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
LYNTON NOEL CHARLES FREEMAN (A BANKRUPT)
APPELLANTAND:
NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937)
FIRST RESPONDENTMATTHEW LESLIE JOINER and PHILIP GREGORY JEFFERSON, TRUSTEES IN BANKRUPTCY OF THE PROPERTY OF LYNTON NOEL CHARLES FREEMAN
SECOND RESPONDENT
JUDGES:
SUNDBERG, KENNY AND GYLES JJ
DATE OF ORDER:
19 MAY 2006
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1.The appeal be dismissed.
2.The appellant pay the respondents’ costs of the appeal.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
QUD 3 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
LYNTON NOEL CHARLES FREEMAN (A BANKRUPT)
APPELLANTAND:
NATIONAL AUSTRALIA BANK LIMITED (ACN 004 044 937)
FIRST RESPONDENTMATTHEW LESLIE JOINER and PHILIP GREGORY JEFFERSON, TRUSTEES IN BANKRUPTCY OF THE PROPERTY OF LYNTON NOEL CHARLES FREEMAN
SECOND RESPONDENT
JUDGES:
SUNDBERG, KENNY AND GYLES JJ
DATE:
19 MAY 2006
PLACE:
BRISBANE
REASONS FOR JUDGMENT
SUNDBERG AND KENNY JJ
THE ORDERS APPEALED FROM
On the application of the respondents under Order 21 rule 2 of the Federal Court Rules Spender J made the following orders, amongst others, affecting the appellant, from which he now appeals:
“1.Mr Freeman shall not, without the leave of the Court, commence in this Court any proceeding against the National Australia Bank Ltd (‘the Bank’) or against Matthew Leslie Joiner and Philip Gregory Jefferson, the respondent’s Trustees in Bankruptcy (‘the Trustees’), or against both the Bank and the Trustees, or any of their servants, officers, agents or employees, other than an appeal against this order.
2.Any proceeding initiated by Mr Freeman in the Federal Court of Australia against the Bank or the Trustees prior to the making of this order shall not be continued by Mr Freeman without the leave of the Court, other than an appeal against these orders.”
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- Case
- [2006] FCAFC 67
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to decide were whether the orders made by Spender J were justified and whether they appropriately restricted Mr. Freeman's ability to commence or continue proceedings against the Bank and the Trustees in Bankruptcy. The court had to consider the terms of the mediation agreement, the nature of the orders, and whether they were necessary to prevent an abuse of the judicial process. In his decision, Spender J found that the orders were appropriate, given Mr. Freeman's history of vexatious litigation and the potential for further abuse of the judicial process. The court also had to determine whether Mr. Freeman's claims were without merit and whether the orders were proportionate to the perceived risk of abuse.
Spender J dismissed Mr. Freeman's appeal and upheld the orders made against him. The court found that the orders were justified, as Mr. Freeman had a history of vexatious litigation and had failed to comply with the terms of the mediation agreement. The court held that the orders were necessary to prevent an abuse of the judicial process and to protect the respondents from further litigation that was likely to be without merit. The court also found that Mr. Freeman's claims were without merit and that the orders were proportionate to the perceived risk of abuse. As a result, the appeal was dismissed, and Mr. Freeman was ordered to pay the respondents' costs of the appeal.
Orders
Orders of the court
1. The appeal be dismissed.
2. The appellant pay the respondents’ costs of the appeal.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Established by: SUNDBERG, KENNY AND GYLES JJ
Full text does not contain this section.