FEDERAL COURT OF AUSTRALIA
Scott v Nimlaw Pty Ltd (No 2) [2024] FCA 1330
File number(s): SAD 102 of 2024 Judgment of: O'SULLIVAN J Date of judgment: 19 November 2024 Catchwords: BANKRUPTCY — appeal of decision from Federal Circuit and Family Court of Australia (Division 2) dismissing an application for review of a registrar’s decision to make a sequestration order —appeal dismissed Legislation: Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth)
Bankruptcy Act 1966 (Cth), s 52
Federal Court of Australia Act 1976 (Cth), ss 37AO(2)(b), 37AR, 37M and 37P
Cases cited: In the matter of an application by Susan Jane Scott for leave to issue or file [2024] HCASJ 23
Nimlaw Pty Ltd v Scott, in the matter of Scott [2024] FedCFamC2G 647
North Australian Aboriginal Justice Agency Ltd v Northern Territory [2015] HCA 41; (2015) 256 CLR 569
Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; (2017) 262 CLR 132
Scott v Nimlaw Pty Ltd (No 2) [2023] FCA 1472
Scott v Nimlaw Pty Ltd [2023] FCA 1420
Scott v Nimlaw Pty Ltd [2024] FCA 26
Storry v Parkyn (Vexatious Proceedings Order) [2024] FCAFC 100
Division: General Division Registry: South Australia National Practice Area: Commercial and Corporations Sub-area: General and Personal Insolvency Number of paragraphs: 59 Date of hearing: 14 November 2024 Counsel for the Appellant: The appellant appeared in person Solicitor for the Respondent: Mr J Stewart-Rattray for Stewart-Rattray Lawyers ORDERS
SAD 102 of 2024 BETWEEN: SUSAN JANE SCOTT
Appellant
AND: NIMLAW PTY LTD
Respondent
ORDER MADE BY:
O'SULLIVAN J
DATE OF ORDER:
19 NOVEMBER 2024
THE COURT ORDERS THAT:
1.The appeal is dismissed.
2.The appellant is to pay the respondent’s costs to be agreed or taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
O’SULLIVAN J:
On 13 March 2024, a Registrar of the Court made a sequestration order against the appellant following the presentation of a creditors petition on 1 December 2023.
On 4 July 2024, the Federal Circuit and Family Court of Australia (Division 2) dismissed an application for review of the Registrar’s orders: Nimlaw Pty Ltd v Scott, in the matter of Scott [2024] FedCFamC2G 647 (Reasons).
The appellant appeals from that decision.
The question for determination on appeal is whether the orders of the primary judge should be affirmed, varied or reversed.
It is for the reasons which follow that the appeal is dismissed.
The primary judge’s reasons
This matter has an extensive history which the primary judge summarised in his Reasons at [1]-[4] and [8]-[9].
The primary judge set out the applicable legislation and rules noting that a review of a Registrar’s decision proceeds as a hearing de novo.
The primary judge found that the legislative and procedural requirements for the making of a sequestration order had been met, such that the only matter remaining for consideration was whether the appellant had shown sufficient cause why a sequestration order…
Keep reading for free
Create a free CaseChat account to read Scott v Nimlaw Pty Ltd (No 2) 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
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2024] FCA 1330
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the appeal from the decision of the Federal Circuit and Family Court of Australia (Division 2) should be upheld. The court also considered the appellant's conduct, which had led to the respondent seeking an order to prevent further appeals without leave from the court. The appellant's reference to the Access to Justice Act was noted to be irrelevant to the case at hand.
The Full Court found that the appeal had no merit and dismissed it. The court reasoned that the appellant's reference to the Access to Justice Act did not provide any basis for the appeal. Furthermore, the court highlighted the appellant's history of vexatious litigation, noting that he had become a serial litigant. Although the court did not grant the respondent's request to prevent further appeals without leave, it left open the possibility for the respondent to seek such an order in the future if the appellant continued with further applications. The Full Court ordered that the appellant pay the respondent’s costs.
The orders of the court were that the appeal was dismissed and that the appellant pay the respondent's costs, which were to be agreed or taxed.
Orders
Orders of the court
1. The appeal is dismissed.
2. The appellant is to pay the respondent’s costs to be agreed or taxed.
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
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.