Chateau Constructions (Aust) Ltd v Zepinic [2020] NSWSC 266

Chateau Constructions (Aust) Ltd v Zepinic [2020] NSWSC 266

Mr Zepinic’s affidavit did not comply with s 14(3) of the Vexatious Proceedings Act 2008 (NSW), and he failed to disclose all material facts and previous applications as required. The application had no merit and disregarded statutory requirements, thus had to be dismissed.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Application for Leave Under S 14(2) of the Vexatious Proceedings Act 2008 (nsw) / Decision on Application
Outcome
Application for leave refused; applicant’s motion dismissed
Legal Topics
['vexatious Proceedings Orders' 'application for Leave Under Vexatious Proceedings Act 2008 (nsw)']
['civil Procedure' 'equity'] ['vexatious Proceedings Orders' 'application for Leave Under Vexatious Proceedings Act 2008 (nsw)']

Case Brief

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Procedural Posture

Application for Leave Under S 14(2) of the Vexatious Proceedings Act 2008 (nsw) / Decision on Application

Legal Issues

  1. 1 ['Whether procedures required by the Vexatious Proceedings Act 2008 (NSW) were followed' 'Whether Mr Zepinic’s affidavit complied with s 14(3) of the Act']

Ratio Decidendi

Mr Zepinic’s affidavit did not comply with s 14(3) of the Vexatious Proceedings Act 2008 (NSW), and he failed to disclose all material facts and previous applications as required. The application had no merit and disregarded statutory requirements, thus had to be dismissed.

Court Disposition

Application for leave refused; applicant’s motion dismissed

Orders

  • ['Application for leave under s 14(2) of the Vexatious Proceedings Act 2008 (NSW) dismissed' 'Mr Zepinic to pay Chateau Constructions (Aust) Ltd’s costs on indemnity basis' 'Gross sum costs order proposed under s 98(4)(c) of the Civil Procedure Act 2005 (NSW)']