Rouvinetis v Pollack [2014] NSWSC 266

Rouvinetis v Pollack [2014] NSWSC 266

Mr Rouvinetis’s affidavit and submissions failed to comply with s 14(3)(a) and (b) of the Act; he did not disclose all material facts, including adverse findings from previous litigation, and the proposed proceedings were an abuse of process and fell within the definition of vexatious proceedings, so leave was refused.

Jurisdiction
Australia
Judgment Date
18 March 2014
Procedural Posture
Application for Leave to Commence Proceedings / In Chambers Decision
Outcome
Application dismissed
Legal Topics
['vexatious Proceedings' 'application for Leave to Commence Proceedings']
['procedure'] ['vexatious Proceedings' 'application for Leave to Commence Proceedings']

Case Brief

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Procedural Posture

Application for Leave to Commence Proceedings / In Chambers Decision

Legal Issues

  1. 1 ['Whether the requirements of s 14(3) of the Vexatious Proceedings Act 2008 (NSW) were met' 'Whether leave should be granted to commence proceedings against five named defendants' 'Whether the proceedings are vexatious or an abuse of process']

Ratio Decidendi

Mr Rouvinetis’s affidavit and submissions failed to comply with s 14(3)(a) and (b) of the Act; he did not disclose all material facts, including adverse findings from previous litigation, and the proposed proceedings were an abuse of process and fell within the definition of vexatious proceedings, so leave was refused.

Court Disposition

Application dismissed

Orders

  • ['The application for leave to commence proceedings pursuant to s 14 of the Vexatious Proceedings Act 2008, contained in the statement of claim dated 28 January 2014, be dismissed.']