Ogbonna v CTI Logistics Ltd (No 4)

Link copied
Case Copied 10 min read

FEDERAL COURT OF AUSTRALIA

Ogbonna v CTI Logistics Ltd (No 4) [2024] FCA 1035   

Appeal from: CTI Logistics v Ogbonna [2022] FedCFamC2G 781
File number: WAD 218 of 2022
Judgment of: FEUTRILL J
Date of judgment: 5 September 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 of Australia Act 1976 (Cth) ss 35A(5), 37AO(2), 37AR(2)

Federal Court Rules 2011 (Cth) rr 3.01, 3.04, 3.11, 36.11, 36.52, 39.05(c); Pt 42; Divs 36.5; Sch 2

Cases cited:

Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44

Luo v Zhai (No 6) [2016] FCA 805

Ogbonna, in the matter of Ogbonna [2023] FCA 1334 Ogbonna v CTI Logistics Ltd (No 2) [2024] FCA 383

Ogbonna v CTI Logistics Ltd (No 3) [2024] FCA 872

Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 16
Date of hearing: Determined on the papers
Counsel for the Appellant: 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:

5 SEPTEMBER 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 made on 28 March 2024 and for review of the Registrar’s orders made on 19 June 2024 and the affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 27 August 2024.

2.As a consequence of paragraph 1 of these orders, the following documents lodged on 27 August 2024 not be accepted for filing: 

(a)Form 35 interlocutory application of the appellant; and

(b)Form 59 affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 27 August 2024.

Note:  

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



REASONS FOR JUDGMENT

FEUTRILL J:

  1. The proceedings concern an appeal from a sequestration order made by a judge of the Federal Circuit and Family Court of Australia (Division 2) against the estate of the appellant on 20 September 2022.

  2. On 23 May 2022 a judge of this Court made an order pursuant to s 37AO(2) of the Federal Court of Australia Act 1976 (Cth) (vexatious proceedings order). As a consequence of the vexatious proceedings order, the appellant required leave to commence an appeal from the sequestration order. On 2 November 2023 I made an order granting the appellant leave to file a notice of appeal confined to one ground of appeal under s 37AR(2). At that time I also made an order to the effect that no further interlocutory application or affidavit is to be filed in these proceedings unless leave…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Ogbonna v CTI Logistics Ltd (No 4) and more:

  • Read every judgment in full
  • Ask AI and get answers linked to paragraphs
  • See how each paragraph was cited in later cases
  • Download judgments as PDF or Word
Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details
Case
[2024] FCA 1035
Decision Date

CaseChat Overview and Summary

The case involves Celestine Ifeanyi Ceefyne Ogbonna, the appellant, and CTI Logistics Ltd, the respondent, before the Federal Court. The appellant sought leave to file an interlocutory application to vary or set aside certain orders made by the court on 28 March 2024, and for a review of the Registrar’s orders made on 19 June 2024, along with an affidavit sworn on 27 August 2024. The court was required to determine whether to grant the appellant leave to file the interlocutory application, which was subject to a prior order prohibiting the filing of vexatious proceedings.

The central legal issue before the court was whether the proposed application and accompanying affidavit fell within the scope of the vexatious proceedings order. The court had to assess if the documents were an abuse of process or were frivolous or vexatious. The appellant's history of previous applications and the nature of the proposed application were considered in making this determination. The court also examined the content of the affidavit to ascertain if it contained any new evidence or arguments that warranted a reconsideration of the earlier orders.

The court found that the proposed application and accompanying affidavit were indeed an abuse of process and were frivolous or vexatious. It considered the appellant's prior conduct, including numerous unsuccessful applications, and concluded that the proposed application did not present any new or compelling grounds for relief. The court was particularly critical of the appellant's failure to acknowledge the futility of his previous attempts and the repetitive nature of the proposed application. Based on these findings, the court refused the appellant leave to file the interlocutory application and directed that the relevant documents not be accepted for filing.

Consequently, the court ordered that leave be refused for the appellant to file the interlocutory application. Additionally, the court ruled that the Form 35 interlocutory application and the Form 59 affidavit lodged on 27 August 2024 were not to be accepted for filing. The orders were made under Rule 39.32 of the Federal Court Rules 2011, which governs the entry of orders in the Federal Court.

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 made on 28 March 2024 and for review of the Registrar’s orders made on 19 June 2024 and the affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 27 August 2024.

2. As a consequence of paragraph 1 of these orders, the following documents lodged on 27 August 2024 not be accepted for filing:

(a) Form 35 interlocutory application of the appellant; and

(b) Form 59 affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 27 August 2024.

Note:

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

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.