Singh v The Owners Strata Plan 11723 & Ors [2013] NSWSC 1595

Singh v The Owners Strata Plan 11723 & Ors [2013] NSWSC 1595

Mr Singh has frequently instituted and conducted vexatious proceedings against the First and Third Defendants in New South Wales, with repeated processes lacking reasonable grounds, abusing process, and refusing finality; orders are warranted prohibiting him from commencing proceedings against these parties without leave of the Court.

Jurisdiction
Australia
Judgment Date
04 November 2013
Procedural Posture
Application for Vexatious Proceedings Order / Post Dismissal Motion for Orders Under Vexatious Proceedings Act 2008, S 8
Outcome
Application granted; orders made under Vexatious Proceedings Act 2008, s 8
Legal Topics
['vexatious Proceedings' 'abuse of Process' 'strata Disputes' 'bankruptcy Annulment' 'enforcement of Judgments']
['civil Procedure' 'bankruptcy'] ['vexatious Proceedings' 'abuse of Process' 'strata Disputes' 'bankruptcy Annulment' 'enforcement of Judgments']

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Procedural Posture

Application for Vexatious Proceedings Order / Post Dismissal Motion for Orders Under Vexatious Proceedings Act 2008, S 8

Legal Issues

  1. 1 ['Whether Mr Singh has instituted or conducted vexatious proceedings frequently under Vexatious Proceedings Act 2008, s 8' 'Whether the Court should exercise discretion to make orders prohibiting Mr Singh from commencing proceedings against specific defendants' "Appropriate scope of prohibition given litigant's rights to access courts"]

Ratio Decidendi

Mr Singh has frequently instituted and conducted vexatious proceedings against the First and Third Defendants in New South Wales, with repeated processes lacking reasonable grounds, abusing process, and refusing finality; orders are warranted prohibiting him from commencing proceedings against these parties without leave of the Court.

Court Disposition

Application granted; orders made under Vexatious Proceedings Act 2008, s 8

Orders

  • ['Plaintiff is prohibited from instituting proceedings against the First Defendant and the Third Defendant in New South Wales without leave of the Court.' "Plaintiff shall pay the Third Defendant's costs of the motion."]