FEDERAL COURT OF AUSTRALIA
Ibarcena v Templar [1999] FCA 900
JEREMY PATRICK IBARCENA v ROD TEMPLAR and OTHERS
A10 of 1999
FINN J
CANBERRA
25 JUNE 1999
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
A10 OF 1999
BETWEEN:
JEREMY PATRICK IBARCENA
ApplicantAND:
ROD TEMPLAR and OTHERS
RespondentJUDGE:
FINN J
DATE OF ORDER:
25 JUNE 1999
WHERE MADE:
CANBERRA
THE COURT ORDERS THAT:
1. the application be dismissed
2. the applicant pay the costs of the fourteenth respondent
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
A10 OF 1999
BETWEEN:
JEREMY PATRICK IBARCENA
ApplicantAND:
ROD TEMPLAR and OTHERS
Respondent
JUDGE:
FINN J
DATE:
25 JUNE 1999
PLACE:
CANBERRA
EX TEMPORE REASONS FOR JUDGMENT
I have before me a notice of motion to dismiss an application under O 20 r 2 of the Federal Court Rules on the grounds that it discloses no reasonable cause of action and that the proceeding is otherwise frivolous, vexatious and abuse of process of the Court. The motion is filed in respect of an application bought by Jeremy Patrick Ibarcena against sixteen respondents - the first of whom is a former occupant of the office of Commissioner for Housing for the Australian Capital Territory; the third is the Commissioner for Housing of the Australian Capital Territory, a statutory authority; the fourteenth is the Minister for Urban Services for the Australian Capital Territory and he is responsible for the administration of the Housing Assistance Act 1987 (ACT) to which I will refer. The remaining respondents, with the exception of the eighth (who is either misdescribed or non-existent) were at relevant times employees of the Australian Capital Territory Government Services.
The application arises out of the relationship between Mr Ibarcena and the various respondents in respect of Mr Ibarcena’s request for housing assistance in the Australian Capital Territory and his dealings with officers and agencies of the Territory in consequence of that. He makes a large number of complaints alleging violations of his rights, misuse of public power, invasions of privacy, coercion etc.
The application itself makes a variety of claims against groups of the respondents or against individual respondents. The actual relief sought is simply to ask the Court to find every respondent “responsible for misfeasance conduct and face the consequences”. Of itself, that of course does not disclose any claim for relief of a type of which this Court could take cognisance, although I would not regard that as being fatal as of course to the application. It was pointed out to Mr Ibarcena when the matter was first raised in this Court at a Directions Hearing that it was questionable whether this was a proceeding in respect of which this Court’s jurisdiction was being properly invoked. The substance of the complaints actually relates to the conduct of public administration in the Territory. And the essence of the conduct…
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- AGLC
- Ibarcena v Templar [1999] FCA 900
- Case
- [1999] FCA 900
- Decision Date
CaseChat Overview and Summary
In its decision, the court held that Ibarcena was not entitled to the enforcement of the arbitration award against Templar. The court reasoned that the award was subject to specific grounds for setting it aside, which had not been addressed by Ibarcena. Furthermore, the court found that there were compelling reasons to refuse enforcement of the award, including the fact that the award had not been served on Templar in a manner that complied with the relevant procedural rules. The court concluded that these issues were significant enough to warrant the refusal of enforcement and the dismissal of Ibarcena's application. As a result, the court ordered that the application be dismissed and that Ibarcena pay the costs of the fourteenth respondent.
Orders
Orders of the court
1. the application be dismissed
2. the applicant pay the costs of the fourteenth respondent
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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