Yap v Granich Partners [2008] FCA 1380

Yap v Granich Partners [2008] FCA 1380

There is no cogent new material or evidence upon which Mrs Yap could rely to justify bringing proceedings, and her application seeks to relitigate issues already determined; accordingly, discretion to grant leave cannot be exercised.

Jurisdiction
Australia
Judgment Date
09 September 2008
Procedural Posture
Motion for Leave to Issue Proceedings / Application for Leave After Declaration as Vexatious Litigant
Outcome
Motion for leave refused
Legal Topics
['vexatious Litigant' 'leave to Proceed' 'relitigation' 'abuse of Process']
['civil Procedure'] ['vexatious Litigant' 'leave to Proceed' 'relitigation' 'abuse of Process']

Case Brief

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Procedural Posture

Motion for Leave to Issue Proceedings / Application for Leave After Declaration as Vexatious Litigant

Legal Issues

  1. 1 ['Whether leave should be granted to Mrs Yap to commence proceedings despite previous declaration as vexatious litigant and repeated litigation' 'Whether any new material or evidence supports leave to proceed']

Ratio Decidendi

There is no cogent new material or evidence upon which Mrs Yap could rely to justify bringing proceedings, and her application seeks to relitigate issues already determined; accordingly, discretion to grant leave cannot be exercised.

Court Disposition

Motion for leave refused

Orders

  • ['The motion for leave be refused.']