Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v BMA18
[2024] FCA 1230
Citation 1
(Para 14)
…1)(d), and also under its implied incidental power to control its own process and to prevent misuse of it; Sea Culture International Pty Ltd v Scoles [1991] FCA 677; 32 FCR 275 (French J) at 279. As stated by Justice French in Sea Culture at 279: An attempt to litigate in the court a dispute or issue which has be…
Darafsheh v Candoo Australia Pty Ltd
[2020] FCCA 2686
Citation 2
(Para 15)
…ourt of Victoria. ’[26] In support of this submission, reliance is placed on the decision in Sea Culture International Pty Ltd v Scoles and Ors [1991] FCA 677 (“ Sea Culture ”). [26] Respondents’ outline of submissions filed 14 January 2020 at paragraph 16.…
Alloy Fab Pty Ltd v High Performance Alloys (Australia) Pty Ltd
[2017] WADC 15
Citation 3
…s v Norbis [1986] HCA 17; (1986) 161 CLR 513 Pavlovic v Universal Music Australia Pty Ltd [2015] NSWCA 313 Sea Culture International Pty Ltd v Scoles [1991] FCA 677 Servcorp WA Pty Ltd v Perron Investments Pty Ltd [2016] WASCA 79 Sheraz Pty Ltd v Vegas Enterprises Pty Ltd [2015] WASCA 4; (2015) 48 WAR 93 Shilkin…
Garrett v Make Wine Pty Ltd
[2014] FCA 1258
Citation 4
(Para 26)
…The two policy considerations identified by French J in Sea Culture 32 FCR 275, and to which I referred at [149] above, are best served by the dismissal of this proceeding as an abuse of process. In my opinion there has been a very substantial waste of judicial resources over a period of more than ten years,…
Commissioner of Taxation v White
[2010] FCA 730
Citation 5
(Para 3)
…This Court retains the ability to control its own process and to prevent misuse of it: Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 at 279 and Jackson v Sterling Industries Limited (1987) 162 CLR 612 at 623 and 624. That power must be sparingly exercised and only used in exceptional cases: Sco…
IEL Finance Limited v Commissioner of Taxation
[2006] FCA 267
Citation 6
…d (No 6) [2004] FCA 1699 applied Walton v Gardiner (1993) 177 CLR 378 applied Sea Culture International Pty Ltd v Scoles [1991] 32 FCR 275 referred to Hoysted v Federal Commissioner of Taxation (1921) 29 CLR 537 discussed Hoysted v Federal Commissioner of Taxation [1926] AC 155; (1925) 37 CLR 290 discussed He…
National Tertiary Education Industry Union v Swinburne University of Technology
[2014] FCA 606
Citation 7
(Para 4)
…en by the union in the Commission and in this Court so as to bring into operation the principles discussed by French J in Sea Culture International 32 FCR 275.…