Ogbonna v CTI Logistics Ltd (No 2)

FEDERAL COURT OF AUSTRALIA

Ogbonna v CIT Logistics Ltd (No 2) [2024] FCA 383   

Appeal from:	CTI Logistics v Ogbonna [2022] FedCFamC2G 781
File number:	WAD 218 of 2022
Judgment of:	FEUTRILL J
Date of judgment:	28 March 2024
Date of Publication of Reasons:	17 April 2024
Legislation:	Federal Court Rules 2011 (Cth) Pt 42
Cases cited:	Ogbonna, in the matter of Ogbonna [2023] FCA 1334
Division:	General Division
Registry:	Western Australia
National Practice Area:	Commercial and Corporations
Sub-area:	General and Personal Insolvency
Number of paragraphs:	7
Date of hearing:	28 March 2024
Counsel for the Appellant:	The Appellant appeared in person
Counsel for the Respondents:	The Respondents attendance was excused
Solicitor for the Respondents:	Jackson McDonald

ORDERS

WAD 218 of 2022

BETWEEN:

CELESTINE OGBONNA

Appellant

AND:

CTI LOGISTICS LTD (ACN 008 778 925)

First Respondent

MARK VANDERLIST

Second Respondent

TIM BARTON

Third Respondent

ORDER MADE BY:	FEUTRILL J
DATE OF ORDER:	28 MARCH 2024

THE COURT NOTES THAT:

The document referred to in paragraph 2(e) of these orders was stamped as ‘Received’ in the eLodgment portal of the Court at 5:40:38 PM (AWST) on 30 November 2023. A copy of that document is Annexure “A” to these orders.

THE COURT ORDERS THAT:

1.Leave to file an interlocutory application for punishment for alleged contempt dated 22 March 2024 and the affidavits and other documents in support be refused.

2.As a consequence of paragraph 1 of these orders, the following documents lodged on 22, 25 and 28 March 2024 not be accepted for filing: 

(a)interlocutory application for punishment for alleged contempt dated 22 March 2024;

(b)affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 22 March 2024;

(c)Form 137, statement of charge dated 22 March 2024;

(d)affidavit Celestine Ifeanyi Ceefyne Ogbonna sworn 25 March 2024; and

(e)minute of consent orders dated 30 November 2023.

Note:  

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

Annexure “A”

REASONS FOR JUDGMENT
REVISED FROM TRANSCRIPT

FEUTRILL J:

1. On 2 November 2023 the Court made orders, amongst others, that no further interlocutory application or affidavit is to be filed in these proceedings unless leave has been given to do so by a judge of the Court. The appellant lodged an interlocutory application and sought leave in accordance with that order on 22 March 2024, by which he seeks leave to make an interlocutory application under Pt 42 of the Federal Court Rules 2011 (Cth) to charge Mr Matthew David Reid with contempt. Mr Reid is a solicitor who acts for, amongst others, the first respondent in the appeal, CTI Logistics Limited.

2. Leave to file that application is not only necessary under the orders made on 2 November 2023, but leave would also be required in accordance with an order that has been made in respect of the appellant, known as a vexatious proceedings order, because these proceedings are separate, in effect, proceedings for a contempt.  The Court’s power to refuse to accept a document for filing exists where, amongst other…