Attorney General v Rouvinetis [2012] NSWSC 328

Attorney General v Rouvinetis [2012] NSWSC 328

The defendant has persistently and frequently instituted and conducted proceedings that are an abuse of process, without reasonable grounds, and to harass or annoy, satisfying the criteria for a vexatious proceedings order under s 8(1)(a) of the Vexatious Proceedings Act 2008. The defendant shows no intention of changing his approach, justifying the making of prohibitory and stay orders.

Jurisdiction
Australia
Judgment Date
12 June 2012
Procedural Posture
Application Pursuant to Vexatious Proceedings Act 2008 / Final Determination and Orders
Outcome
Application granted; orders made pursuant to s 8(7) Vexatious Proceedings Act 2008
Legal Topics
['vexatious Proceedings' 'access to Courts' 'abuse of Process']
['civil Procedure' 'administrative Law'] ['vexatious Proceedings' 'access to Courts' 'abuse of Process']

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Procedural Posture

Application Pursuant to Vexatious Proceedings Act 2008 / Final Determination and Orders

Legal Issues

  1. 1 ['Whether the defendant has frequently instituted or conducted vexatious proceedings in Australia within the meaning of s 8 of the Vexatious Proceedings Act 2008' 'Whether orders should be made prohibiting the defendant from instituting proceedings without leave and staying existing proceedings']

Ratio Decidendi

The defendant has persistently and frequently instituted and conducted proceedings that are an abuse of process, without reasonable grounds, and to harass or annoy, satisfying the criteria for a vexatious proceedings order under s 8(1)(a) of the Vexatious Proceedings Act 2008. The defendant shows no intention of changing his approach, justifying the making of prohibitory and stay orders.

Court Disposition

Application granted; orders made pursuant to s 8(7) Vexatious Proceedings Act 2008

Orders

  • ['The defendant is prohibited from instituting proceedings in any tribunal or court in New South Wales without leave of this Court.' 'All of the proceedings in New South Wales already instituted by the defendant, with the exception of an appeal, if any, from the decision in Rouvinetis v Knoll [2011] NSWSC 1352 are...