FEDERAL COURT OF AUSTRALIA
Ogbonna v CTI Logistics Ltd (No 3) [2024] FCA 872
Appeal from: CTI Logistics v Ogbonna [2022] FedCFamC2G 781 File number: WAD 218 of 2022 Judgment of: FEUTRILL J Date of judgment: 6 August 2024 Catchwords: PRACTICE AND PROCEDURE – application for leave to file proposed interlocutory application – proposed applicant subject of vexatious proceedings order - refusal to accept document that is abuse of process or is frivolous or vexatious Legislation: Federal Court Rules 2011 (Cth) rr 36.51–36.56. 39.05; Pt 42 Div 42.2 Cases cited: Ogbonna, in the matter of Ogbonna [2023] FCA 1334 Ogbonna v CTI Logistics Ltd (No 2) [2024] FCA 383 Division: General Division Registry: Western Australia National Practice Area: Commercial and Corporations Sub-area: General and Personal Insolvency Number of paragraphs: 13 Date of hearing: Determined on the papers Counsel for the Applicant: The Appellant did not appear Counsel for the Respondents: The Respondents did not appear 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:
6 AUGUST 2024
THE COURT ORDERS THAT:
1.Leave be refused for the appellant to file the interlocutory application for orders to vary or set aside orders of the Court and to charge Matthew David Reid for alleged contempt, the statement of charge and the affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 10 July 2024 lodged with the Court on 10 July 2024.
2.As a consequence of paragraph 1 of these orders, the following documents lodged on 10 July 2024 not be accepted for filing:
(a)Form 35 interlocutory application of the appellant;
(b)Form 137 statement of charge of the appellant; and
(c)Form 59 affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 10 July 2024.
Note:
Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
FEUTRILL J:
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.
On 10 July 2024 the appellant lodged a proposed interlocutory application, statement of charge and affidavit. The proposed application is for orders to set aside or vary paragraphs 7, 9, 10, 11 and 12 of the orders of the Court of 28 March 2024, to set aside an appeal book index settled by a Registrar on 19 June 2024 and for orders, in effect, 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.
By paragraph 7 of the relevant orders made on 28 March 2024 rr 36.51 – 36.56 of the Rules do not apply to the appeal. Paragraph 8 of the orders identifies…
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- Case
- [2024] FCA 872
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the documents submitted by the appellant met the criteria for being accepted under the vexatious proceedings order. Specifically, the court had to assess if the proposed interlocutory application, the statement of charge, and the accompanying affidavit were frivolous, vexatious, or an abuse of process. The appellant's previous conduct in filing numerous claims against the respondents without success was a significant factor in this assessment.
The court found that the documents lodged on 10 July 2024 were an abuse of process and were frivolous or vexatious. The appellant had a history of making repeated and unfounded claims against the respondents. The court held that allowing the proposed application would further entrench the vexatious nature of the proceedings. Consequently, the court refused the appellant leave to file the interlocutory application and did not accept the accompanying documents for filing. The court's decision was based on the appellant's past conduct and the likelihood that the proposed application would continue the pattern of vexatious litigation.
The final orders of the court were that leave be refused for the appellant to file the interlocutory application, and that the specific documents lodged on 10 July 2024 not be accepted for filing. This decision was in line with the provisions of Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. Leave be refused for the appellant to file the interlocutory application for orders to vary or set aside orders of the Court and to charge Matthew David Reid for alleged contempt, the statement of charge and the affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 10 July 2024 lodged with the Court on 10 July 2024.
2. As a consequence of paragraph 1 of these orders, the following documents lodged on 10 July 2024 not be accepted for filing:
(a) Form 35 interlocutory application of the appellant;
(b) Form 137 statement of charge of the appellant; and
(c) Form 59 affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 10 July 2024.
Note:
Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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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