Toben v Jones

[2012] FCA 444

FEDERAL COURT OF AUSTRALIA

Toben v Jones [2012] FCA 444

Citation:		Toben v Jones [2012] FCA 444
Parties:		GERALD FREDRICK TOBEN v JEREMY SHAUN JONES
File number:		NSD 327 of 2001
Judge:		MANSFIELD J
Date of judgment:		3 May 2012
Date of hearing:	26 April 2012
Place:	Adelaide
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	24
Counsel for the Applicant:	The applicant appeared in person
Council for the Respondent:	V Antzoulatos
Solicitor for the Respondent:	Slater & Gordon

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	NSD 327 of 2001

BETWEEN:	GERALD FREDRICK TOBEN Applicant
AND:	JEREMY SHAUN JONES Respondent

JUDGE:	MANSFIELD J
DATE OF ORDER:	3 MAY 2012
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

On the interlocutory application of the applicant of 10 April 2012 as amended on 20 April 2012:

1.Orders 1 and 2 as sought are refused.

2.Order 3 is refused.

3.Order 2 hereof lie in the Registry and not be sealed for 28 days from this date, to the intent that the applicant have leave to file and serve within 21 days from this date such written submission as he may be advised in support of Order 3 which he seeks, or such proposed amendment to it as he may be advised with his supporting written submission, and the respondent within a further 14 days have leave to file and serve such written submission as he may be advised in response and the Court will then make such Order in relation to Order 3 as sought or as proposed to be amended as it considers appropriate, and until such Order the present Order 2 hereof not then be sealed.

4.The applicant pay to the respondent costs of the interlocutory application to this date.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	NSD 327 of 2001

BETWEEN:	GERALD FREDRICK TOBEN Applicant
AND:	JEREMY SHAUN JONES Respondent

JUDGE:	MANSFIELD J
DATE:	3 MAY 2012
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. By application made on 10 April 2012, and amended on 20 April 2012, the applicant Gerald Toben applied for interlocutory orders that:

   1.the Bill of Costs filed on 27 February 2012 by the respondent be struck off with costs to be taxed and paid forthwith;

   2.that an injunction be granted to restrain the respondent and others (including persons who are not respondents to the proceeding and had not been served with it) from pursuing the Bill of Costs or any further application for costs; and

   3.that the respondent be declared a vexatious litigant in pursuing the present proceedings (apparently referring to the process of taxing costs).

2. Obviously, no orders can or should be made against persons who are not parties to this application and have not been served with it; I shall treat Order 2 as sought only against the respondent.

3. The applicant accepted that he could not proceed with the order seeking…