FEDERAL COURT OF AUSTRALIA
Garrett v Make Wine Pty Ltd [2015] FCA 593
Citation: Garrett v Make Wine Pty Ltd [2015] FCA 593 Appeal from: Application for leave to appeal: Garrett v Make Wine Pty Ltd [2014] FCA 1258 Parties: ANDREW MORTON GARRETT v MAKE WINE PTY LTD, VOK BEVERAGES PTY LTD and TREASURY WINE ESTATES VINTNERS LIMITED File number: VID 731 of 2014 Judge: BEACH J Date of judgment: 17 June 2015 Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal summary dismissal – no sufficient doubt to warrant reconsideration – application dismissed Legislation: Bankruptcy Act 1966 (Cth) s 129AA
Federal Court of Australia Act 1976 (Cth) s 37AOCases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991)
33 FCR 397
House v The King (1936) 55 CLR 499Date of hearing: 13 March 2015 Place: Melbourne Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 77 Counsel for the Applicant: The Applicant appeared in person Counsel for the Respondents: Mr R Senathirajah Solicitors for the Respondents: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 731 of 2014
BETWEEN: ANDREW MORTON GARRETT
ApplicantAND: MAKE WINE PTY LTD
First RespondentVOK BEVERAGES PTY LTD
Second RespondentTREASURY WINE ESTATES VINTNERS LIMITED
Third Respondent
JUDGE:
BEACH J
DATE OF ORDER:
17 JUNE 2015
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.The applicant’s application for leave to appeal is dismissed.
2.The applicant is to pay the respondents’ costs of and incidental to his application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
VID 731 of 2014
BETWEEN: ANDREW MORTON GARRETT
ApplicantAND: MAKE WINE PTY LTD
First RespondentVOK BEVERAGES PTY LTD
Second RespondentTREASURY WINE ESTATES VINTNERS LIMITED
Third Respondent
JUDGE:
BEACH J
DATE:
17 JUNE 2015
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
The applicant has sought leave to appeal from the decision and orders of Mortimer J pronounced on 21 November 2014 in proceeding VID248/2014. Her Honour gave judgment in favour of the respondents on the principal ground that the proceeding was an abuse of process. She also made orders against the applicant pursuant to s 37AO of the Federal Court of Australia Act 1976 (Cth) (FCA). Each of the orders made were interlocutory. Before proceeding further, I should note that on 26 February 2015, Pagone J made a vexatious litigant order against the applicant pursuant to s 37AO of the FCA. It was in a broader form than that made by her Honour.
In my opinion, leave to appeal should be refused.
The hearing before me proceeded on 13 March 2015 with the applicant relying upon voluminous material and diffuse grounds of asserted error said to have been made by her Honour.
On 4 May 2015, the applicant sought leave to bring an application to re‑open the hearing before me and to adduce new evidence that he said arose by…
Continue reading Garrett v Make Wine Pty Ltd
Sign in free to access the full text
- AGLC
- Garrett v Make Wine Pty Ltd [2015] FCA 593
- Case
- [2015] FCA 593
- Decision Date
CaseChat Overview and Summary
The court found that the applicant's claims were an abuse of process due to his history of litigation against the respondents. This conclusion was based on the established principle that a bankrupt cannot bring proceedings to protect, enhance, or add to property divested on bankruptcy, as outlined in Samootin v Shea. The court held that the applicant's causes of action in relation to the 2000 Deed vested in his trustee in bankruptcy and did not revert to him upon his discharge from bankruptcy. The court also noted that the applicant's discharge from bankruptcy did not revive his ability to bring claims concerning the 2000 Deed, as the causes of action were still subject to the trustee's control. Consequently, the proceeding was dismissed.
The court dismissed the applicant's application for leave to appeal and ordered the applicant to pay the respondents' costs of and incidental to his application. This decision underscores the importance of standing and the consequences of bankruptcy on a litigant's ability to pursue certain claims in court.
Orders
Orders of the court
1. The applicant’s application for leave to appeal is dismissed.
2. The applicant is to pay the respondents’ costs of and incidental to his application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.