Smith v Jarvie [2014] NSWSC 1823

Smith v Jarvie [2014] NSWSC 1823

Although the number of proceedings was small, Mr Jarvie had frequently instituted vexatious proceedings in the relevant context, including proceedings and steps found to be abusive, improper, harassing or based on fraudulently obtained default judgment, directed at obstructing and vexing an official liquidator. However, because final relief under the Vexatious Proceedings Act could not be made without ensuring Mr Jarvie had an opportunity to be heard, the appropriate course was to continue the interlocutory injunction until 12 February 2015 rather than make final orders immediately.

Jurisdiction
Australia
Judgment Date
18 December 2014
Procedural Posture
Interlocutory Application for Restraint Pending Application Under the Vexatious Proceedings Act 2008 / Interlocutory Injunction Continued; Final Vexatious Proceedings Relief Adjourned
Outcome
Interlocutory injunction continued up to and including 12 February 2015; final vexatious proceedings orders deferred.
Legal Topics
['vexatious Proceedings Order' 'interlocutory Injunction' 'substituted Service' 'opportunity to Be Heard' 'official Liquidator' 'undischarged Bankrupt']
['practice and Procedure' 'vexatious Proceedings' 'bankruptcy' 'corporations and Insolvency'] ['vexatious Proceedings Order' 'interlocutory Injunction' 'substituted Service' 'opportunity to Be Heard' 'official Liquidator' 'undischarged Bankrupt']

Case Brief

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Procedural Posture

Interlocutory Application for Restraint Pending Application Under the Vexatious Proceedings Act 2008 / Interlocutory Injunction Continued; Final Vexatious Proceedings Relief Adjourned

Legal Issues

  1. 1 ['Whether Mr Jarvie had frequently instituted or conducted vexatious proceedings in Australia within the meaning of the Vexatious Proceedings Act 2008.' 'Whether the Court should make final vexatious proceedings orders without Mr Jarvie appearing, or instead continue interlocutory restraint to ensure an opportunity to be heard.' 'Whether the proceedings and service steps were sufficient to justify interlocutory restraint against further proceedings in New South Wales without leave.']

Ratio Decidendi

Although the number of proceedings was small, Mr Jarvie had frequently instituted vexatious proceedings in the relevant context, including proceedings and steps found to be abusive, improper, harassing or based on fraudulently obtained default judgment, directed at obstructing and vexing an official liquidator. However, because final relief under the Vexatious Proceedings Act could not be made without ensuring Mr Jarvie had an opportunity to be heard, the appropriate course was to continue the interlocutory injunction until 12 February 2015 rather than make final orders immediately.

Court Disposition

Interlocutory injunction continued up to and including 12 February 2015; final vexatious proceedings orders deferred.

Orders

  • ['That the interlocutory injunction granted on 11 December be continued up to and including 12 February 2015.']