May v Vero Insurance Limited

FEDERAL COURT OF AUSTRALIA

May v Vero Insurance Limited [2012] FCA 1385

Citation:		May v Vero Insurance Limited [2012] FCA 1385
Appeal from:		Application for extension of time and leave to appeal: May v Vero Insurance Limited [2012] FCA 727
Parties:		STEPHEN MAY v VERO INSURANCE LIMITED
File number:		NSD 1362 of 2012
Judge:		FLICK J
Date of judgment:		6 December 2012
Catchwords:		PRACTICE AND PROCEDURE – appeal – interlocutory judgments and orders – leave to appeal – extension of time in which to seek leave – relevance of explanation for delay – relevance of prospects of application for leave – vexatious and oppressive claims
Legislation:		Federal Court of Australia Act1976 (Cth) s 24(1A) Federal Court Rules2011 (Cth) rr 16.21, 35.13, 35.14, 35.18
Cases cited:		Gallo v Dawson (1990) 64 ALJR 458, applied Henry v Henry (1996) 185 CLR 571, applied Khondoker v Minister for Immigration and Citizenship [2012] FCA 654, cited Liprini v Liprini [2012] FCA 1103, cited Re Luck [2003] HCA 70, 78 ALJR 177, cited May v Vero Insurance Limited [2012] FCA 727, referred to Sochorova v Minister for Immigration and Citizenship [2009] FCA 555, cited SZIOE v Minister for Immigration and Citizenship [2007] FCA 1176, cited SZLSI v Minister for Immigration and Citizenship [2008] FCA 1052, cited
Date of hearing:	Heard on the papers
Date of last submissions:	17 October 2012
Place:	Sydney
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	12
Counsel for the Applicant:	The Applicant appeared in person
Counsel for the Respondent:	Mr P Bambagiotti
Solicitor for the Respondent:	Mills Oakley Lawyers

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1362 of 2012

BETWEEN:	STEPHEN MAY Applicant
AND:	VERO INSURANCE LIMITED Respondent

JUDGE:	FLICK J
DATE OF ORDER:	6 DECEMBER 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application for an extension of time and leave to appeal is refused.

2.The Applicant is to pay the costs of the Respondent.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 1362 of 2012

BETWEEN:	STEPHEN MAY Applicant
AND:	VERO INSURANCE LIMITED Respondent

JUDGE:	FLICK J
DATE:	6 DECEMBER 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In March 2012 Mr Stephen May filed an Originating Application in this Court seeking (inter alia) declaratory relief against Vero Insurance Limited (“Vero Insurance”).  A Statement of Claim was also filed.  The Statement of Claim was later amended.

2. Vero Insurance had itself commenced proceedings against Mr May in the District Court of New South Wales in December 2011.

3. On 9 July 2012 a Judge of this Court struck out Mr May’s Amended Statement of Claim and Further Amended Statement of Claim pursuant to r 16.21 of the Federal Court Rules2011 (Cth): May v Vero Insurance Limited [2012] FCA 727. The primary Judge was of the view…