Sebie v Krejci (No 3) [2023] NSWCA 221

Sebie v Krejci (No 3) [2023] NSWCA 221

Leave granted under s 16(3) of the Vexatious Proceedings Act 2008 (NSW) only for limited purposes; no error identified in Registrar's decision or basis for reopening orders; no exceptional circumstances or significant prospects justifying a stay of winding up order; applications dismissed accordingly.

Jurisdiction
Australia
Judgment Date
13 September 2023
Procedural Posture
Notice of Motion / Application to Reopen Judgment and for Stay Orders
Outcome
Grant limited leave; otherwise applications and motions dismissed
Legal Topics
['vexatious Proceedings' 'application to Reopen Judgment' 'stay of Orders' "review of Registrar's Decision"]
['civil Procedure'] ['vexatious Proceedings' 'application to Reopen Judgment' 'stay of Orders' "review of Registrar's Decision"]

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Procedural Posture

Notice of Motion / Application to Reopen Judgment and for Stay Orders

Legal Issues

  1. 1 ['Whether leave should be granted under Vexatious Proceedings Act 2008 (NSW) to institute proceedings arising from notice of motion filed 11 August 2023' 'Whether applicants are entitled to reopen the judgment delivered on 10 August 2023 insofar as it did not deal with paragraph 17 of the notice of motion dated 21 July 2023' 'Whether a stay of the orders made by Black J on 27 January 2022 should be granted pending determination of reopening application and special leave application']

Ratio Decidendi

Leave granted under s 16(3) of the Vexatious Proceedings Act 2008 (NSW) only for limited purposes; no error identified in Registrar's decision or basis for reopening orders; no exceptional circumstances or significant prospects justifying a stay of winding up order; applications dismissed accordingly.

Court Disposition

Grant limited leave; otherwise applications and motions dismissed

Orders

  • ["Grant leave to applicants pursuant to s 16(3) of Vexatious Proceedings Act 2008 (NSW) to institute proceedings subject to notice of motion filed 11 August 2023, limited to seeking (i) leave to reopen judgment delivered 10 August 2023 insofar as it did not deal with par 17 of applicants' notice of motion of 21 July...