Garrett v The Chief Executive of Austrade (No 3)

[2015] FCA 295

FEDERAL COURT OF AUSTRALIA

Garrett v The Chief Executive of Austrade (No 3) [2015] FCA 295

Citation:	Garrett v The Chief Executive of Austrade (No 3) [2015] FCA 295
Parties:	ANDREW MORTON GARRETT v THE CHIEF EXECUTIVE OF AUSTRADE and PAUL WAN
File number:	VID 584 of 2014
Judge:	JESSUP J
Date of judgment:	31 March 2015
Legislation:	Federal Court of Australia Act 1976 (Cth) ss 37AM, 37AR, 37AS
Date of hearing:	Determined on the papers
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	5
Counsel for the Applicant:	The applicant appeared in person
Counsel for the Respondent:	The respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 584 of 2014

BETWEEN:

ANDREW MORTON GARRETT
Applicant

AND:

THE CHIEF EXECUTIVE OF AUSTRADE
First Respondent

PAUL WAN
Second Respondent

JUDGE:	JESSUP J
DATE OF ORDER:	31 MARCH 2015
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.The applicant’s Interlocutory Application dated 17 March 2015 be dismissed.

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 584 of 2014

BETWEEN:

ANDREW MORTON GARRETT
Applicant

AND:

THE CHIEF EXECUTIVE OF AUSTRADE
First Respondent

PAUL WAN
Second Respondent

JUDGE:	JESSUP J
DATE:	31 MARCH 2015
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. The applicant, Andrew Garrett, has applied for leave, pursuant to s 37AR(2) of the Federal Court of Australia Act 1976 (Cth) (“the Federal Court Act”), to institute a proceeding by way of Interlocutory Application in this proceeding. He has annexed to his application for leave a draft of the Interlocutory Application which he seeks to make.

2. I hold that, in his supporting affidavit, sworn on 16 March 2015 –

   ·the applicant has not complied with para (a) of s 37AR(3) of the Federal Court Act;

   ·the applicant has not complied with para (b) of s 37AR(3), in that the list exhibited to his affidavit refers only to “cases” in which he has “been involved”;

   ·the applicant has not complied with para (c) of s 37AR(3).

3. I can see no reason not to dismiss the applicant’s application for leave pursuant to s 37AS(1) of the Federal Court Act.

4. Additionally, I consider that, to the extent that it relates to paras 2, 3, 4 and 5 of the orders sought in the proposed Interlocutory Application, the proceeding would be vexatious within the meaning of paras (b) and (c) of the definition of “vexatious proceeding” in s 37AM(1) of the Federal Court Act. It follows that, to that extent, the application for leave must be dismissed pursuant to s 37AS(2) of the Federal Court Act.

5. I record that the orders accompanying these reasons were made without an oral hearing without the consent of the applicant.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jessup.

Associate:

Dated:       31 March 2015