Ogbonna v CTI Logistics Ltd (No 6)

Link copied
Case Copied 6 min read

FEDERAL COURT OF AUSTRALIA

Ogbonna v CTI Logistics Ltd (No 6) [2024] FCA 1134

Appeal from: CTI Logistics v Ogbonna [2022] FedCFamC2G 781
File number: WAD 218 of 2022
Judgment of: FEUTRILL J
Date of judgment: 25 September 2024
Catchwords: PRACTICE AND PROCEDURE – application for leave to file proposed interlocutory application – proposed applicant subject of vexatious proceedings order – refusal to accept documents for filing as abuse of process or vexatious or scandalous
Legislation:

Constitution

Federal Court of Australia Act 1976 (Cth) s 37AO

Judiciary Act 1903 (Cth) s 78B

Cases cited:

Croome v Tasmania [1997] HCA 5; (1995) 191 CLR 119

Ex parte Australian Catholic Bishops Conference [2002] HCA 16; (2002) 209 CLR 372

James v South Australia [1927] HCA 32; (1927) 40 CLR 1

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

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

Ogbonna v CTI Logistics Ltd (No 5) [2024] FCA 110

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: Determined on the papers
Solicitor for the Respondents: Jackson McDonald Lawyers

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:

25 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 on 19 June 2024 lodged on 20 September 2024 and the affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 20 September 2024.

2.The following documents lodged on 20 September 2024 not be accepted for filing: 

(a)Form 35 interlocutory application of the appellant;

(b)Form 59 affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 20 September 2024; and

(c)Form 18 Notice of a Constitutional matter under section 78B of the Judiciary Act 1903 (Cth).

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


REASONS FOR JUDGMENT

FEUTRILL J:

  1. The appellant in these proceedings is subject to a vexatious proceedings order made on 23 May 2022 under s 37AO(2) of the Federal Court of Australia Act 1976 (Cth). On 2 November 2023 I made an order granting the appellant leave to file a notice of appeal from a sequestration order made by a judge of the Federal Circuit and Family Court of Australia (Division 2) against the appellant on 20 September 2022. 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 has been given to do so by a judge of the Court: Ogbonna, in the matter of Ogbonna [2023] FCA 1334.

  2. The…

CaseChat AU logo

Keep reading for free

Create a free CaseChat account to read Ogbonna v CTI Logistics Ltd (No 6) 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 1134
Decision Date

CaseChat Overview and Summary

The matter of Ogbonna v CTI Logistics Ltd (No 6) was heard in the Federal Court of Australia, involving Celestine Ifeanyi Ceefyne Ogbonna, the appellant, and CTI Logistics Ltd, the respondent. The dispute centred on the appellant's application for leave to file a proposed interlocutory application seeking to vary or set aside previous court orders made on 28 March 2024 and 19 June 2024. The respondent argued that the proposed application was an abuse of process or was vexatious or scandalous, given that the appellant was subject to a vexatious proceedings order. The court was required to determine whether the application for leave should be granted and if the accompanying documents should be accepted for filing.

The central legal issue before the court was whether the appellant's proposed interlocutory application and accompanying documents should be accepted for filing, given the existing vexatious proceedings order against the appellant. The court needed to assess whether the application constituted an abuse of process or was vexatious or scandalous under the relevant legal standards. This involved examining the nature and content of the proposed application and the appellant's history of litigation conduct.

The court found that the proposed interlocutory application and accompanying documents should not be accepted for filing. The appellant's history of vexatious litigation, as evidenced by the vexatious proceedings order, supported the respondent's contention that the proposed application was an abuse of process or was vexatious or scandalous. The court concluded that allowing the application to proceed would not be in the interests of justice and would likely result in further unnecessary litigation. Consequently, the court refused leave for the appellant to file the proposed interlocutory application and directed that the accompanying documents be rejected.

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 on 19 June 2024 lodged on 20 September 2024 and the affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 20 September 2024.

2. The following documents lodged on 20 September 2024 not be accepted for filing:

(a) Form 35 interlocutory application of the appellant;

(b) Form 59 affidavit of Celestine Ifeanyi Ceefyne Ogbonna sworn 20 September 2024; and

(c) Form 18 Notice of a Constitutional matter under section 78B of the Judiciary Act 1903 (Cth).

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.