Lunt v Victoria International Container Terminal Limited [2020] FCAFC 40 (18 March 2020) (Bromberg, Kerr and Wheelahan JJ)


Catchwords:


PRACTICE AND PROCEDURE – appeal from order dismissing appellant’s proceeding as an abuse of process –where primary judge held that it was an abuse of process for the appellant to institute the proceeding for the predominant purpose of seeking relief because a third person wanted that relief – whether appeal inutile – whether primary judge misapplied the distinction between the purpose and the motive for instituting a proceeding made in Williams v Spautz (1992) 174 CLR 509 – where neither the appellant’s or third party’s predominant purpose was held to be a purpose for which the proceeding was not designed, the proceeding was not an abuse of process – appeal allowed.