Wang v State of New South Wales (No 3) [2020] NSWCA 148

Wang v State of New South Wales (No 3) [2020] NSWCA 148

Ms Wang's 1 May 2020 notice of motion was of the same character as her earlier dismissed motion and sought to re-agitate arguments previously put without advancing any sensible argument requiring consideration; it was therefore dismissed with costs. Her repetition of essentially the same claim justified an order requiring any further application against the State or Mr Hodgson about the same matters to be accompanied by a document showing cause why it should not be summarily dismissed as vexatious and an abuse of process. The solicitor's affidavit established persuasive reasons for a conservative gross sum costs order, including the costs assessment burden and likelihood of further...

Jurisdiction
Australia
Judgment Date
20 July 2020
Procedural Posture
Appeal; Notices of Motion / On the Papers; Motions After Dismissal of Application for Leave to Appeal and Prior Motion to Set Aside Judgment
Outcome
Ms Wang's notice of motion filed on 1 May 2020 was dismissed with costs; a show cause filing requirement was imposed for further related applications against the State or Mr Hodgson; and the State obtained a $5,000 gross sum costs order in lieu of the earlier costs order.
Legal Topics
['application for Leave to Appeal' 'notice of Motion to Set Aside Judgment' 're Agitation of Arguments' 'vexatious and Abuse of Process' 'gross Sum Costs Order' 'civil Procedure Act 2005 (nsw) S 98(4)']
['civil Procedure' 'appeals' 'costs'] ['application for Leave to Appeal' 'notice of Motion to Set Aside Judgment' 're Agitation of Arguments' 'vexatious and Abuse of Process' 'gross Sum Costs Order' 'civil Procedure Act 2005 (nsw) S 98(4)']

Case Brief

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Procedural Posture

Appeal; Notices of Motion / On the Papers; Motions After Dismissal of Application for Leave to Appeal and Prior Motion to Set Aside Judgment

Legal Issues

  1. 1 ["Whether Ms Wang's notice of motion filed on 1 May 2020 should be dismissed as an impermissible attempt to re-agitate arguments previously put." "Whether an order should be made requiring Ms Wang, before filing any further application against the State of New South Wales or Mr Colin Hodgson about the matters the subject of the Court's decisions of 20 February 2020 and 20 April 2020, to file a document showing cause why the application should not be summarily dismissed as vexatious and an abuse of process." 'Whether the State should receive a specified gross sum costs order pursuant to s 98(4) of the Civil Procedure Act 2005 (NSW).']

Ratio Decidendi

Ms Wang's 1 May 2020 notice of motion was of the same character as her earlier dismissed motion and sought to re-agitate arguments previously put without advancing any sensible argument requiring consideration; it was therefore dismissed with costs. Her repetition of essentially the same claim justified an order requiring any further application against the State or Mr Hodgson about the same matters to be accompanied by a document showing cause why it should not be summarily dismissed as vexatious and an abuse of process. The solicitor's affidavit established persuasive reasons for a conservative gross sum costs order, including the costs assessment burden and likelihood of further...

Court Disposition

Ms Wang's notice of motion filed on 1 May 2020 was dismissed with costs; a show cause filing requirement was imposed for further related applications against the State or Mr Hodgson; and the State obtained a $5,000 gross sum costs order in lieu of the earlier costs order.

Orders

  • ["Dismiss Ms Wang's notice of motion filed on 1 May 2020 with costs." "Should Ms Li Wang seek to file any further application against the State of New South Wales or Mr Colin Hodgson in respect of any of the matters the subject of this Court's decisions of 20 February 2020 and 20 April 2020 ([2020] NSWCA 21 and...