Pearce & Anor (formerly Pascoe) v Liprini [2014] NSWSC 1316

Pearce & Anor (formerly Pascoe) v Liprini [2014] NSWSC 1316

Dr Liprini's material did not justify setting aside the vexatious proceedings orders because it repeated matters already litigated and determined against him, he displayed no insight into his previous litigious history, and his evidence indicated that he would persist with further litigation if able.

Jurisdiction
Australia
Judgment Date
26 September 2014
Procedural Posture
Vexatious Proceedings Under the Vexatious Proceedings Act 2008 / Motion Under S 9 of the Vexatious Proceedings Act 2008 to Set Aside Vexatious Proceedings Orders
Outcome
Motion dismissed
Legal Topics
['vexatious Proceedings Order' 'application to Set Aside Order' 'leave to Commence Proceedings' 'protective Purpose of Vexatious Proceedings Jurisdiction']
['civil Procedure' 'vexatious Proceedings'] ['vexatious Proceedings Order' 'application to Set Aside Order' 'leave to Commence Proceedings' 'protective Purpose of Vexatious Proceedings Jurisdiction']

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Procedural Posture

Vexatious Proceedings Under the Vexatious Proceedings Act 2008 / Motion Under S 9 of the Vexatious Proceedings Act 2008 to Set Aside Vexatious Proceedings Orders

Legal Issues

  1. 1 ['Whether Dr Liprini required leave under s 16 of the Vexatious Proceedings Act 2008 to pursue an application under s 9 to set aside the vexatious proceedings orders.' 'Whether the material relied on by Dr Liprini justified setting aside the vexatious proceedings orders made by Adamson J.']

Ratio Decidendi

Dr Liprini's material did not justify setting aside the vexatious proceedings orders because it repeated matters already litigated and determined against him, he displayed no insight into his previous litigious history, and his evidence indicated that he would persist with further litigation if able.

Court Disposition

Motion dismissed

Orders

  • ['The motion to set aside the vexatious proceedings order is dismissed.']