Application by Viavattene [2013] NSWSC 299
The application for leave to institute proceedings was dismissed because the applicant failed to file an affidavit complying with the mandatory requirements of s 14(3) of the Vexatious Proceedings Act 2008.
- Jurisdiction
- Australia
- Judgment Date
- 27 March 2013
- Procedural Posture
- Application for Leave to Institute Proceedings / Decision on Application for Leave
- Outcome
- application for leave to institute proceedings refused
- Legal Topics
- ['vexatious Proceedings' 'leave to Institute Proceedings' 'affidavit Requirements']
Case Brief
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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Procedural Posture
Application for Leave to Institute Proceedings / Decision on Application for Leave
Legal Issues
- 1 ['Whether the application for leave to institute proceedings complies with s 14(3) of the Vexatious Proceedings Act 2008']
Ratio Decidendi
The application for leave to institute proceedings was dismissed because the applicant failed to file an affidavit complying with the mandatory requirements of s 14(3) of the Vexatious Proceedings Act 2008.
Court Disposition
application for leave to institute proceedings refused
Orders
- ['The application for leave to institute proceedings is refused.']
Full Case Text
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