PRACTICE AND PROCEDURE — repeated urgent applications for substantially the same relief — Judicial Registrar voided filing of Summons — abuse of process — principles applicable — appeal is the proper remedy
Quick Take
1Commencing fresh proceedings raising the same substratum of facts and in substance seeking the same claims against the same defendant can amount to an abuse of process, following UBS AG v Tyne (2018) 265 CLR 77 and the repetition of arguments does not improve their force or cogency.
2The District Court, although a court of inferior jurisdiction, has the power to control its own processes including the power to stay or refuse proceedings that are an abuse of process.
3Where a Judicial Registrar has refused filing of process as an abuse of process, the proper remedy for the aggrieved party is to appeal that decision to the Supreme Court, not to make further applications to the same court.
