Ioannou v Hellenic Community Aged Care

FEDERAL COURT OF AUSTRALIA

Ioannou v Hellenic Community Aged Care [2012] FCA 1227

Citation:

Ioannou v Hellenic Community Aged Care [2012] FCA 1227

Parties:

TOMMY GEORGE IOANNOU v HELLENIC COMMUNITY AGED CARE

File number:

WAD 71 of 2012

Judge:

MCKERRACHER J

Date of judgment:

7 November 2012

Catchwords:

PRACTICE AND PROCEDURE – application for summary judgment – no reasonable prospect of success – no jurisdiction for the respondent to be joined as a party because it was not a respondent to the original complaint to the Australian Human Rights Commission – abuse of process – applicant seeking similar relief in a State Court

PRACTICE AND PROCEDURE – consideration of relevant factors in deciding whether it was in the interests of justice to grant a request for the adjournment of the proceeding – whether a further adjournment would have any utility – whether the applicant had conducted proceeding in a manner consistent with ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth) – repeated attempts to have inappropriate ex parte communication with chambers – whether the respondent would be prejudiced by a further adjournment

Legislation:

Australian Human Rights Commission Act 1986 (Cth) s 46PO
Federal Court of Australia Act 1976 (Cth) ss 37M, 37(N)
Federal Court Rules 2011 r 26.01

Cases cited:

Australian Associated Motor Insurers Ltd v NRMA Insurance Ltd (2002) 124 FCR 518
John Holland Rail Pty Ltd v Comcar (2011) 276 ALR 221

Date of hearing:

Determined on the papers

Date of last submissions:

22 October 2012

Place:

Perth

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

30

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondent:

BG Grubb

Solicitor for the Respondent:

Metaxas & Hager

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 71 of 2012

BETWEEN:	TOMMY GEORGE IOANNOU Applicant
AND:	HELLENIC COMMUNITY AGED CARE Respondent

JUDGE:	MCKERRACHER J
DATE OF ORDER:	7 NOVEMBER 2012
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.        The proceeding is dismissed.

2.        The applicant pay the costs of the respondent, to be taxed if not agreed.

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 71 of 2012

BETWEEN:	TOMMY GEORGE IOANNOU Applicant
AND:	HELLENIC COMMUNITY AGED CARE Respondent

JUDGE:	MCKERRACHER J
DATE:	7 NOVEMBER
PLACE:	PERTH

REASONS FOR JUDGMENT

INTRODUCTION

1. On 26 July 2012, pursuant to programming orders made from chambers on 12 July 2012, Hellenic Community Aged Care (the respondent) filed an interlocutory application for summary judgment pursuant to rule 26.01 of the Federal Court Rules 2011.  Essentially, the respondent claims that it was wrongly joined to this proceeding.  Alternatively, it claims that the application filed by Mr Ioannou (the applicant):

   (a)has no reasonable prospect of success;

   (b)is vexatious;

   (c)is an abuse of process; and/or

   (d)that no reasonable cause of action is disclosed.

2. For the reasons that follow, the respondent’s interlocutory…