Grant v Rouvinetis [2001] NSWSC 677

Grant v Rouvinetis [2001] NSWSC 677

The pleadings and conduct of Mr Rouvinetis demonstrated an ulterior motive, namely to annoy and embarrass Miss Grant, and the proceedings were manifestly groundless; therefore, he is a vexatious litigant and should be restrained from instituting further proceedings without leave of the Court.

Parties
Plaintiff: Beverley Grant; Defendant: Evangelos Rouvinetis
Jurisdiction
Australia
Judgment Date
08 August 2001
Procedural Posture
Application / Judgment
Outcome
Orders granted restraining defendant from instituting proceedings against the plaintiff without leave; costs ordered against defendant.
Legal Topics
Vexatious Litigant
Civil Procedure Vexatious Litigant

Case Brief

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Parties

Beverley Grant

Plaintiff

Evangelos Rouvinetis

Defendant

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether Mr Rouvinetis is a vexatious litigant under s84(2) and should be restrained from instituting proceedings against the plaintiff without leave of the Court.

Ratio Decidendi

The pleadings and conduct of Mr Rouvinetis demonstrated an ulterior motive, namely to annoy and embarrass Miss Grant, and the proceedings were manifestly groundless; therefore, he is a vexatious litigant and should be restrained from instituting further proceedings without leave of the Court.

Court Disposition

Orders granted restraining defendant from instituting proceedings against the plaintiff without leave; costs ordered against defendant.

Orders

  • That the defendant not institute proceedings against the plaintiff without the leave of the Court.
  • The defendant should pay the plaintiff's costs.