Zepinic v Chateau Constructions (Aust) Limited; Chateau Constructions (Aust) Limited v Zepinic [2017] NSWSC 582

Zepinic v Chateau Constructions (Aust) Limited; Chateau Constructions (Aust) Limited v Zepinic [2017] NSWSC 582

Having regard to the extended history of litigation initiated mostly by or on behalf of Vitomir (Vito) Zepinic, Milla Zepinic and Nina Zepinic relating to the property at 34 Turramurra Avenue and the dispute with Chateau Constructions, as well as the repeated launching of groundless, abusive and sometimes dishonest proceedings or applications, the court was satisfied that the Zepinic parties had frequently instituted or conducted vexatious proceedings. The statutory threshold for making vexatious proceedings orders under section 8 of the Vexatious Proceedings Act 2008 (NSW) was met. Orders were therefore made staying all such proceedings and restraining the parties from commencing further...

Jurisdiction
Australia
Judgment Date
25 May 2017
Procedural Posture
Equity Proceedings, Applications for Orders Under Vexatious Proceedings Act 2008 (nsw) / Hearing and Determination of Application for Orders Under Vexatious Proceedings Act 2008 (nsw)
Outcome
Orders made pursuant to section 8(7)(a) and 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW) staying all relevant proceedings and prohibiting Vitomir Zepinic, Milla Zepinic and Nina Zepinic from instituting further proceedings in New South Wales relating to the subject matter, with costs on an indemnity basis to...
Legal Topics
['vexatious Proceedings' 'abuse of Process' 'court Orders Restraining Proceedings']
['equity' 'civil Procedure'] ['vexatious Proceedings' 'abuse of Process' 'court Orders Restraining Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceedings, Applications for Orders Under Vexatious Proceedings Act 2008 (nsw) / Hearing and Determination of Application for Orders Under Vexatious Proceedings Act 2008 (nsw)

Legal Issues

  1. 1 ["Whether the Zepinic parties have 'frequently instituted or conducted vexatious proceedings' for the purposes of section 8 of the Vexatious Proceedings Act 2008 (NSW)" 'Whether orders should be made staying proceedings and prohibiting the institution of further proceedings related to 34 Turramurra Avenue or the litigation arising from it']

Ratio Decidendi

Having regard to the extended history of litigation initiated mostly by or on behalf of Vitomir (Vito) Zepinic, Milla Zepinic and Nina Zepinic relating to the property at 34 Turramurra Avenue and the dispute with Chateau Constructions, as well as the repeated launching of groundless, abusive and sometimes dishonest proceedings or applications, the court was satisfied that the Zepinic parties had frequently instituted or conducted vexatious proceedings. The statutory threshold for making vexatious proceedings orders under section 8 of the Vexatious Proceedings Act 2008 (NSW) was met. Orders were therefore made staying all such proceedings and restraining the parties from commencing further...

Court Disposition

Orders made pursuant to section 8(7)(a) and 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW) staying all relevant proceedings and prohibiting Vitomir Zepinic, Milla Zepinic and Nina Zepinic from instituting further proceedings in New South Wales relating to the subject matter, with costs on an indemnity basis to...

Orders

  • ['All proceedings in NSW instituted by Vitomir Zepinic and/or Milla Zepinic relating to or arising out of specified matters are stayed (proceedings 2009/290598).' 'Vitomir Zepinic is prohibited from instituting proceedings in NSW relating to the specified subject matters (proceedings 2009/290598).' 'Milla Zepinic is...