Recent Cases

Storry v Parkyn [2024] FCAFC 67 (28 May 2024) (Lee, Feutrill and Jackman JJ)


Catchwords:


APPEAL AND NEW TRIAL – where primary judge dismissed an application for judicial review of a Registrar’s decision to refuse to accept documents for filing – where Registrar formed the view the documents on their face were frivolous or vexatious – where appellant sought to set aside judgment refusing application for leave to appeal on the basis of alleged fraud – distinct jurisdiction in equity to set aside perfected common law judgments – where proposed originating application had no reasonable prospects of success – appeal dismissed

ADMINISTRATIVE LAW – application for judicial review of a Registrar’s decision to refuse to accept documents for filing – where matter in the original jurisdiction of the Court referred to the Full Court pursuant to s 20(1A) of the Federal Court of Australia Act 1976 (Cth) – nature of appellate jurisdiction – where Registrar formed the view the documents were an abuse of process and otherwise frivolous or vexatious – where decision of Registrar unattended by legal error – application dismissed