Viavattene, Beverly Georgina [2013] NSWSC 1765

Viavattene, Beverly Georgina [2013] NSWSC 1765

The application is vexatious and there is no prima facie ground for the proceedings. It constitutes a re-agitation of matters already decided and stayed in prior proceedings. There is no legitimate outstanding right or interest identified. Pursuant to s 15(1)(b) and (c) of the Vexatious Proceedings Act 2008, the application for leave is dismissed.

Jurisdiction
Australia
Judgment Date
28 November 2013
Procedural Posture
Application for Leave to Commence Proceedings by a Person Subject to a Vexatious Proceedings Order / Determination of Application for Leave Under Vexatious Proceedings Act 2008
Outcome
Application for leave to commence proceedings dismissed as vexatious and without a prima facie ground.
Legal Topics
['vexatious Litigant' 'application for Leave to Proceed' 'vexatious Proceedings' 'no Prima Facie Ground for Proceedings' 'fee Waiver']
['civil Procedure'] ['vexatious Litigant' 'application for Leave to Proceed' 'vexatious Proceedings' 'no Prima Facie Ground for Proceedings' 'fee Waiver']

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Procedural Posture

Application for Leave to Commence Proceedings by a Person Subject to a Vexatious Proceedings Order / Determination of Application for Leave Under Vexatious Proceedings Act 2008

Legal Issues

  1. 1 ['Whether application for leave to commence proceedings should be dismissed under s 15(1)(b) and (c) of the Vexatious Proceedings Act 2008 as vexatious and without a prima facie ground']

Ratio Decidendi

The application is vexatious and there is no prima facie ground for the proceedings. It constitutes a re-agitation of matters already decided and stayed in prior proceedings. There is no legitimate outstanding right or interest identified. Pursuant to s 15(1)(b) and (c) of the Vexatious Proceedings Act 2008, the application for leave is dismissed.

Court Disposition

Application for leave to commence proceedings dismissed as vexatious and without a prima facie ground.

Orders

  • ['Pursuant to s 15(1)(b) and (c) of the Vexatious Proceedings Act 2008 the application for leave to commence proceedings is dismissed.']