Hunter v Leahy

[1999] FCA 1075

FEDERAL COURT OF AUSTRALIA

Hunter v Leahy [1999] FCA 1075

PRACTICE AND PROCEDURE  - vexatious litigant – application for leave to commence proceeding – Judge of own motion making order requiring leave for filing of any future documents – source of power – rules based powers – implied incidental power – section 23 Federal Court of Australia Act 1976.

Bankruptcy Act 1966 (Cth)
Trade Practices Act 1974
Federal Court of Australia Act 1976

Federal Court Rules

Jackson v Sterling Industries Ltd (1987) 162 CLR 612 followed
Commonwealth Trading Bank v Inglis (1974) 131 CLR 311 discussed
Horvath v Commonwealth Bank of Australia [1999] FCA 504 cited
Grepe v Loam [1887] 37 Ch D 168 cited
Attorney-General v Wentworth (1988) NSWLR 481 cited

LINDSAY HUNTER v LESLEY LEAHY, FLOREAT SETTLEMENTS, FRANK DI NARDO, ESTATE REALTIES, SETTLEMENT AGENTS SUPERVISORY BOARD and PAUL ARNS
W 65 OF 1999

FRENCH J
9 AUGUST 1999
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W65 OF 1999

BETWEEN:

LINDSAY HUNTER
Applicant

AND:

LESLEY LEAHY
First Respondent

FLOREAT SETTLEMENTS
Second Respondent

FRANK DI NARDO
Third Respondent

ESTATE REALTIES
Fourth Respondent

SETTLEMENT AGENTS SUPERVISORY BOARD
Fifth Respondent

PAUL ARNS
Sixth Respondent

JUDGE:

FRENCH J

DATE OF ORDER:

9 AUGUST 1999

WHERE MADE:

PERTH

THE COURT ORDERS THAT:

1.The order made by Sheppard J of 19 July 1996 is varied so that no application or other document lodged by Lindsay Hunter at the Court shall be accepted without the leave of a judge where such application or other document is, in the opinion of the Registrar, related to the matter the subject of the judgment of Sheppard J given on 19 July 1996 or which names Luci Webb or any of the respondents in this application as a respondent.

2.The application is otherwise dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W65 OF 1999

BETWEEN:

LINDSAY HUNTER
Applicant

AND:

LESLEY LEAHY
First Respondent

FLOREAT SETTLEMENTS
Second Respondent

FRANK DI NARDO
Third Respondent

ESTATE REALTIES
Fourth Respondent

SETTLEMENT AGENTS SUPERVISORY BOARD
Fifth Respondent

PAUL ARNS
Sixth Respondent

JUDGE:	FRENCH J
DATE:	9 AUGUST 1999
PLACE:	PERTH

REASONS FOR JUDGMENT

1. On 21 August 1995 the District Registrar of the Federal Court made a sequestration order against Lindsay Hunter.  On 6 October 1995 Mr Hunter filed a motion, subsequently amended, in which he sought an order that the sequestration order be set aside and declared a nullity and, alternatively, that there be a permanent stay of the sequestration order.  That motion was ultimately heard by Sheppard J from 15 to 19 July 1996.  On 19 July 1996 his Honour made orders in the following terms:

   “1.The notice of motion filed by the applicant on 8 September 1995 as amended by the notice of motion filed on 6 October 1995 be dismissed.

   2.The petitioning creditor’s costs of the notice of motion be paid out of the assets…