Scott & Munayallan (No 10)

In the matter of Scott & Munayallan (No 10), the court was required to decide on the validity of a Hatem Application made by the respondents, Mr M and CC Pty Ltd, against Mr AB, who was acting as the receiver and liquidator of I Pty Ltd and the JJ Trust. The application sought injunctions against Mr AB, which would have impeded his execution of legal obligations under orders made by Black J in the Supreme Court of New South Wales. The application was also seen as an attempt to circumvent the Vexatious Proceedings Act 2008 (NSW), to which Mr M and CC Pty Ltd were subject.

The court considered the evidence presented and found that there was no reasonable prospect of success for the Hatem Application, as it sought to re-open proceedings that had already been determined in another superior court. The liquidation of I Pty Ltd and the receivership of the JJ Trust were orders of a higher court and remained in force. The court held that it did not have the jurisdiction to interfere with these orders and emphasised the importance of adhering to the rule of law. The only available recourse for the applicants would be to make an application to the High Court.

The court exercised its power under section 45A of the Family Law Act 1975 (Cth) to summarily dismiss the Hatem Application. The court found that the application was frivolous, vexatious, or an abuse of process, as it sought to circumvent the orders of a superior court. Consequently, the court dismissed the application on its own motion and made orders as set out in the Reasons for Judgment.