Storry v Parkyn

Case [2023] FCA 1141


FEDERAL COURT OF AUSTRALIA

Storry v Parkyn [2023] FCA 1141

Review of: Registrar's decision of Federal Court of Australia
File number: QUD 364 of 2023
Judgment of: RANGIAH J
Date of judgment: 21 September 2023
Catchwords: ADMINISTRATIVE LAW – application for judicial review of a Registrar’s decision to refuse to accept documents for filing – application dismissed 
Legislation:

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5

Federal Court of Australia Act 1976 (Cth) s 35A(5)

Federal Court Rules 2011 (Cth) rr 2.26 and 39.05

Cases cited:

Clone Pty Ltd v Players Pty Ltd (in liquidation) [2018] HCA 12; (2018) 264 CLR 165

Nyoni v Murphy [2018] FCAFC 75

Spalla v St George Motor Finance Ltd (No 5) [2004] FCA 1262

Storry v Business Licensing Authority [2023] FCA 964

Storry v Business Licensing Authority (No 2) [2023] FCA 102

Walton v Gardiner (1993) 177 CLR 378; [1993] HCA 77

Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 16
Date of hearing: 21 September 2023
Counsel for the Applicant: The Applicant was self-represented
Counsel for the Respondent: The Respondent filed a submitting notice

ORDERS

QUD 364 of 2023
BETWEEN:

VENETIA LOUISE STORRY

Applicant

AND:

NIC PARKYN

Respondent

ORDER MADE BY:

RANGIAH J

DATE OF ORDER:

21 SEPTEMBER 2023

THE COURT ORDERS THAT:

1.The originating application be dismissed.

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


REASONS FOR JUDGMENT
(DELIVERED EX TEMPORE AND REVISED FROM TRANSCRIPT)

RANGIAH J:

  1. On 17 August 2023, the applicant lodged a proposed originating application and affidavit with the Court’s registry for filing. 

  2. The respondent, a Registrar of the Court, made a decision under r 2.26 of the Federal Court Rules 2011 (Cth) to refuse to accept the applicant’s documents for filing.

  3. The applicant has now filed an originating application seeking review of the Registrar’s decision. 

  4. The Registrar has filed a submitting appearance and, consequently, there is no contradictor.

  5. The applicant seeks review of the Registrar’s decision pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) (the Rules). There is clear authority that a Registrar’s decision under r 2.26 of the Rules is not reviewable under s 35A(5) of the Act: Nyoni v Murphy [2018] FCAFC 75 at [37]. However, a decision under r 2.26 is amenable to review under s 5 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (the ADJR Act): Nyoni at [41]. I will treat the applicant as having sought judicial review of the Registrar’s decision under s 5 of the ADJR Act.

  6. The reasons given by the Registrar state, relevantly:

    I am satisfied having considered the content of the documents that the documents are on their face frivolous or vexatious.  In circumstances where the court made orders on 15 August 2023 refusing your application for leave to appeal, it would constitute an abuse of process of the Court if a further originating process and affidavit…

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Details
AGLC
Storry v Parkyn [2023] FCA 1141
Case
[2023] FCA 1141
Decision Date

CaseChat Overview and Summary

The matter of Storry v Parkyn came before the Federal Court, with the applicant, Storry, seeking a judicial review of a Registrar's decision to refuse to accept certain documents for filing. The refusal stemmed from a dispute regarding the format and content of the documents submitted, which Storry claimed were necessary for the proper administration of justice. The Registrar, Parkyn, argued that the documents did not comply with the applicable filing requirements, necessitating the refusal.

The primary legal issue before the court was whether the Registrar had the authority to refuse to accept documents for filing based on their format and content, and if the refusal was a legitimate exercise of the Registrar's discretion. Additionally, the court needed to determine whether the refusal constituted an error of law or an abuse of the Registrar's discretion.

In addressing these issues, the court considered the relevant statutes and case law governing the filing of documents in the Federal Court. It found that the Registrar had the discretion to refuse documents that did not meet the required standards, and the refusal did not constitute an error of law or an abuse of discretion. The court emphasised that the Registrar's decision was within the bounds of their authority and was not subject to judicial review in the absence of any evident error of law. Consequently, the application for judicial review was dismissed.

The court's decision was grounded in the principle that the Registrar's discretion to refuse documents for filing should be exercised judiciously but was not to be lightly interfered with by the courts. The applicant's submissions did not demonstrate any error in the exercise of that discretion, leading to the dismissal of the originating application. The court's final order was that the originating application be dismissed.

Orders

Orders of the court

1. The originating application be dismissed.

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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