Croker v Samsung Electronics Co Ltd [2018] NSWSC 345

Croker v Samsung Electronics Co Ltd [2018] NSWSC 345

Leave to institute proceedings was refused and the Summons dismissed because the plaintiff's affidavit did not comply with s 14(3)(a) and (c) of the Vexatious Proceedings Act 2008 (NSW), there was no prima facie ground for the proceedings, and the proceedings were found to be vexatious within the meaning of s 6(b) of the Act.

Jurisdiction
Australia
Judgment Date
19 March 2018
Procedural Posture
Application for Leave to Institute Proceedings (vexatious Litigant) / Preliminary Determination on the Papers
Outcome
Leave refused and proceedings dismissed
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'affidavit Requirements' 'consumer Law']
['civil Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'affidavit Requirements' 'consumer Law']

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Procedural Posture

Application for Leave to Institute Proceedings (vexatious Litigant) / Preliminary Determination on the Papers

Legal Issues

  1. 1 ['Whether leave should be granted to institute proceedings by a person subject to a vexatious proceedings order' 'Whether the requirements of s 14(3) of the Vexatious Proceedings Act 2008 (NSW) were met' 'Whether there is a prima facie ground for proceedings' 'Whether the proceedings are vexatious within s 6(b) of the Act']

Ratio Decidendi

Leave to institute proceedings was refused and the Summons dismissed because the plaintiff's affidavit did not comply with s 14(3)(a) and (c) of the Vexatious Proceedings Act 2008 (NSW), there was no prima facie ground for the proceedings, and the proceedings were found to be vexatious within the meaning of s 6(b) of the Act.

Court Disposition

Leave refused and proceedings dismissed

Orders

  • ['Refuse leave to institute proceedings against Samsung Electronics Co Limited and Samsung Electronics Australia Pty Limited.' 'Dismiss the Summons.']