Kostov v Director of Public Prosecutions (NSW) [2020] NSWCA 73

Kostov v Director of Public Prosecutions (NSW) [2020] NSWCA 73

The Court directed that the issue of whether leave under the Vexatious Proceedings Act was required to institute the judicial review proceedings and the consequences of not obtaining such leave should be determined after both parties file and exchange written submissions.

Jurisdiction
Australia
Judgment Date
21 April 2020
Procedural Posture
Judicial Review / Directions Hearing
Outcome
Directions made; first respondent substituted; timetable for submissions set; no final determination.
Legal Topics
['vexatious Proceedings' 'judicial Review' 'substitution of Parties']
['civil Procedure'] ['vexatious Proceedings' 'judicial Review' 'substitution of Parties']

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Procedural Posture

Judicial Review / Directions Hearing

Legal Issues

  1. 1 ['Whether leave under the Vexatious Proceedings Act 2008 (NSW) was required to commence judicial review proceedings' 'Consequences of failure to obtain such leave']

Ratio Decidendi

The Court directed that the issue of whether leave under the Vexatious Proceedings Act was required to institute the judicial review proceedings and the consequences of not obtaining such leave should be determined after both parties file and exchange written submissions.

Court Disposition

Directions made; first respondent substituted; timetable for submissions set; no final determination.

Orders

  • ["Director of Public Prosecutions (NSW) substituted for 'Office of the Director of Public Prosecutions' as first respondent." 'Both parties to file and exchange written submissions by 4.00pm on Monday 27 April 2020 on whether leave under Vexatious Proceedings Act was required and the consequences of failure to...