Fleet v Blacktown City Council [2010] NSWLEC 46

Fleet v Blacktown City Council [2010] NSWLEC 46

Because Dr Fleet left the hearing before completing the presentation of evidence and arguments in support of his application under s 9(2) of the Vexatious Proceedings Act 2008, the Court had no option but to dismiss his Notice of Motion.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 March 2010
Procedural Posture
Notice of Motion Under S 9 of the Vexatious Proceedings Act 2008 to Set Aside a Vexatious Proceedings Order / Ex Tempore Judgment After Hearing of Applicant's Notice of Motion Filed on 15 March 2010
Outcome
Notice of Motion dismissed.
Legal Topics
['vexatious Litigant' 'vexatious Proceedings Order' 'opportunity to Be Heard' 'dismissal of Notice of Motion']
['practice and Procedure'] ['vexatious Litigant' 'vexatious Proceedings Order' 'opportunity to Be Heard' 'dismissal of Notice of Motion']

Source-derived case record

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Procedural Posture

Notice of Motion Under S 9 of the Vexatious Proceedings Act 2008 to Set Aside a Vexatious Proceedings Order / Ex Tempore Judgment After Hearing of Applicant's Notice of Motion Filed on 15 March 2010

Legal Issues

  1. 1 ['Whether the vexatious proceedings order made by Pain J on 26 February 2010 should be set aside pursuant to s 9 of the Vexatious Proceedings Act 2008.' 'Whether Dr Fleet had been heard or given an opportunity to be heard before the vexatious proceedings order was made.']

Ratio Decidendi

Because Dr Fleet left the hearing before completing the presentation of evidence and arguments in support of his application under s 9(2) of the Vexatious Proceedings Act 2008, the Court had no option but to dismiss his Notice of Motion.

Court Disposition

Notice of Motion dismissed.

Orders

  • ['The Notice of Motion filed on 15 March 2010 on behalf of the applicant is dismissed.' 'Exhibits may be returned.']