Attorney General in and for the State of New South Wales v Viavattene [2013] NSWSC 453

Attorney General in and for the State of New South Wales v Viavattene [2013] NSWSC 453

The Court was satisfied that Beverly Georgina Viavattene had frequently instituted and conducted vexatious proceedings. Her AVO-related proceedings and District Court appeals were instituted and pursued without reasonable grounds and conducted to cause detriment to neighbours and delay criminal proceedings. After determinations by Davies J and Latham J, her continued pursuit of trespass and access-road claims, appeals, special leave applications, and applications in response to the Attorney General's summons re-agitated matters already determined, lacked reasonable grounds, and abused the processes of the Supreme Court and High Court. Because the order was protective and the statutory...

Jurisdiction
Australia
Judgment Date
03 May 2013
Procedural Posture
Application for Vexatious Proceedings Order Under S 8(7)(b) of the Vexatious Proceedings Act 2008 / Principal Judgment; Reasons for Orders Made on 25 March 2013
Outcome
Application granted; vexatious proceedings order made against Beverly Georgina Viavattene.
Legal Topics
['vexatious Proceedings Order' 'meaning of Vexatious Proceedings' 'whether Vexatious Proceedings Were Instituted or Conducted Frequently' 'abuse of Process' 'proceedings Instituted or Pursued Without Reasonable Grounds']
['civil Procedure' 'vexatious Proceedings'] ['vexatious Proceedings Order' 'meaning of Vexatious Proceedings' 'whether Vexatious Proceedings Were Instituted or Conducted Frequently' 'abuse of Process' 'proceedings Instituted or Pursued Without Reasonable Grounds']

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Procedural Posture

Application for Vexatious Proceedings Order Under S 8(7)(b) of the Vexatious Proceedings Act 2008 / Principal Judgment; Reasons for Orders Made on 25 March 2013

Legal Issues

  1. 1 ['Whether Beverly Georgina Viavattene had frequently instituted or conducted vexatious proceedings in Australia within s 8(1)(a) of the Vexatious Proceedings Act 2008.' 'Whether the proceedings relied upon by the Attorney General were vexatious proceedings within s 6 of the Vexatious Proceedings Act 2008.' 'Whether the Court should exercise the discretion to prohibit Beverly Georgina Viavattene from instituting proceedings in New South Wales without leave and stay existing proceedings.']

Ratio Decidendi

The Court was satisfied that Beverly Georgina Viavattene had frequently instituted and conducted vexatious proceedings. Her AVO-related proceedings and District Court appeals were instituted and pursued without reasonable grounds and conducted to cause detriment to neighbours and delay criminal proceedings. After determinations by Davies J and Latham J, her continued pursuit of trespass and access-road claims, appeals, special leave applications, and applications in response to the Attorney General's summons re-agitated matters already determined, lacked reasonable grounds, and abused the processes of the Supreme Court and High Court. Because the order was protective and the statutory...

Court Disposition

Application granted; vexatious proceedings order made against Beverly Georgina Viavattene.

Orders

  • ['Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Beverly Georgina Viavattene is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act.' 'Any legal proceedings instituted by Beverly Georgina Viavattene in any court or tribunal in New...