The Federal Court of Australia Full Court has recently upheld a decision to grant a sequestration order to against an individual.

The Court held that the respondent had not acted fraudulently and refused to allow the applicant to adduce further evidence. The decision concludes a long history of litigation between the appellant and respondent concerning the same matter, with the Court noting that the litigation had many of the hallmarks of being an abuse of process used to simply defer complying with the previous decisions. The Court also suggested that the applicant was a ‘seasoned campaigner’ who was merely pursing ‘unmeritorious litigation’.

In total, Mr Shaw owed the respondents over $400,000, which was primarily unpaid court costs from the extensive unmeritorious litigation that he had commenced against the respondents.

The full judgement can be found here: Shaw v Yarranova Pty Ltd [2014] FCAFC 171

 

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