Beverley Georgina Viavattene v Attorney General in and for the State of New South Wales [2014] NSWSC 23

Beverley Georgina Viavattene v Attorney General in and for the State of New South Wales [2014] NSWSC 23

The oral application was dismissed because the material provided by Ms Viavattene did not permit the Court to make a confident judgment about the relief sought or an independent assessment of the precise nature and merits of the proceedings she sought to pursue.

Jurisdiction
Australia
Judgment Date
14 January 2014
Procedural Posture
Vexatious Litigant Application for Leave / Interlocutory Application; Ex Parte Oral Application
Outcome
Oral application dismissed.
Legal Topics
['vexatious Proceedings' 'application for Leave to Institute Proceedings' 'ex Parte Application' 'fee Waiver']
['civil Procedure'] ['vexatious Proceedings' 'application for Leave to Institute Proceedings' 'ex Parte Application' 'fee Waiver']

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 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Vexatious Litigant Application for Leave / Interlocutory Application; Ex Parte Oral Application

Legal Issues

  1. 1 ['Whether Ms Viavattene should be granted leave under the Vexatious Proceedings Act to proceed with various applications in, or referable to proceedings in, the Local Court.' 'Whether the material provided permitted the Court to identify the relief sought and assess the nature and merits of the proposed proceedings.' 'Whether fees payable to the Supreme Court for issue of a summons should be waived.']

Ratio Decidendi

The oral application was dismissed because the material provided by Ms Viavattene did not permit the Court to make a confident judgment about the relief sought or an independent assessment of the precise nature and merits of the proceedings she sought to pursue.

Court Disposition

Oral application dismissed.

Orders

  • ['Order that the oral application be dismissed.' 'The application made orally by Ms Viavattene for leave to commence proceedings be dismissed.']