Wang v Botany View Hotel

[2014] FCA 730

FEDERAL COURT OF AUSTRALIA

Wang v Botany View Hotel [2014] FCA 730

Citation:

Wang v Botany View Hotel [2014] FCA 730

Appeal from:

Application for extension of time: Wang v Botany View Hotel [2014] FCCA 850

Parties:

YUN FU WANG v BOTANY VIEW HOTEL

File number(s):

NSD 551 of 2014

Judge(s):

JAGOT J

Date of judgment:

8 July 2014

Catchwords:

PRACTICE AND PROCEDURE – primary judge dismissed proceedings as frivolous or vexatious, abuse of process and for applicant’s failure to comply with court order – applicant filed several voluminous and incomprehensible documents – whether extension of time should be granted to seek leave to appeal primary judge’s decision

Legislation:

Federal Circuit Court Rules 2001 (Cth) rules 1.03, 13.03A, 13.03B, 13.10

Federal Court of Australia Act 1976 (Cth) s 24

Federal Court Rules 2011 (Cth) rules 35.13, 35.14

Cases cited:

Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175; [2009] HCA 27

Burton v Shire of Bairnsdale (1908) 7 CLR 76

Croker v Philips Electronics Australia Ltd [2000] FCA 1731

Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397

Deighton v Telstra Corp [1997] FCA 1568

Hunter v Chief Constable of West Midlands Police [1982] AC 529; [1981] 3 All ER 727

Paramasivam v University of New South Wales [2006] NSWSC 1189

Sharman License Holdings Ltd v Universal Music Aust Pty Ltd [2005] FCA 802

Date of hearing:

30 June 2014

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

22

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondent:

Mr C E Dezarnaulds

Solicitor for the Respondent:

Dezarnaulds Legal

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 551 of 2014

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: YUN FU WANG
Applicant

AND: BOTANY VIEW HOTEL
Respondent

JUDGE:	JAGOT J
DATE OF ORDER:	8 JULY 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The applicant’s application for extension of time and leave to appeal filed on 30 May 2014 be dismissed.

2.The applicant pay the respondent’s costs as agreed or taxed.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 551 of 2014

ON APPEAL FROM THE FEDERAL CIRCUIT COURT OF AUSTRALIA

BETWEEN: YUN FU WANG
Applicant

AND: BOTANY VIEW HOTEL
Respondent

JUDGE:	JAGOT J
DATE:	8 JULY 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application pursuant to rule 35.14 of the Federal Court Rules 2011 (Cth) (the FCA Rules) for an extension of time and leave to appeal the orders of the Federal Circuit Court of Australia (FCC) summarily dismissing a proceeding with costs pursuant to rules 13.03B(1), 13.10(b) and 13.10(c) of the Federal Circuit Court Rules 2001 (Cth) (the FCCRules) and pursuant to the Court’s inherent jurisdiction to regulate its own process (Wang v Botany View Hotel [2014] FCCA…