Craig Andrew Betts - Application under Vexatious Proceedings Act 2008 [2013] NSWSC 1121

Craig Andrew Betts - Application under Vexatious Proceedings Act 2008 [2013] NSWSC 1121

The application was dismissed under s 15 of the Vexatious Proceedings Act 2008 because the affidavits did not meet the minimum requirements of s 14(3), did not list prior leave applications or all proceedings instituted in Australia, did not set out prima facie grounds for the foreshadowed proceedings, and any identifiable proposed proceedings would be vexatious.

Jurisdiction
Australia
Judgment Date
16 August 2013
Procedural Posture
Application for Leave to Commence Proceedings Under the Vexatious Proceedings Act 2008 / On the Papers; Application Dismissed Without Service
Outcome
Application for leave to commence proceedings dismissed.
Legal Topics
['vexatious Litigant' 'leave to Commence Proceedings' 'non Compliant Affidavit' 'dismissal Without Service']
['civil Procedure'] ['vexatious Litigant' 'leave to Commence Proceedings' 'non Compliant Affidavit' 'dismissal Without Service']

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Procedural Posture

Application for Leave to Commence Proceedings Under the Vexatious Proceedings Act 2008 / On the Papers; Application Dismissed Without Service

Legal Issues

  1. 1 ["Whether the applicant's summons should be treated as an application for leave to commence proceedings." 'Whether the filed documents were capable of satisfying the minimum requirements to avoid dismissal under s 15(1) of the Vexatious Proceedings Act 2008.' 'Whether an order should be made under s 16(1)(a) of the Vexatious Proceedings Act 2008 for service on each relevant person.' 'Whether the affidavits complied with s 14(3) of the Vexatious Proceedings Act 2008 and disclosed prima facie grounds for the proposed proceedings.']

Ratio Decidendi

The application was dismissed under s 15 of the Vexatious Proceedings Act 2008 because the affidavits did not meet the minimum requirements of s 14(3), did not list prior leave applications or all proceedings instituted in Australia, did not set out prima facie grounds for the foreshadowed proceedings, and any identifiable proposed proceedings would be vexatious.

Court Disposition

Application for leave to commence proceedings dismissed.

Orders

  • ['The application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008, contained in the Summons dated 3 June 2013 is dismissed.']