Application by John Wilson (No 2) [2016] NSWSC 1822

Application by John Wilson (No 2) [2016] NSWSC 1822

Because there was a basis for preliminary discovery and the Court could not conclude that the proposed proceedings were vexatious or without any basis, leave should be granted to the applicant to institute proceedings for preliminary discovery.

Jurisdiction
Australia
Judgment Date
15 December 2016
Procedural Posture
Application for Leave to Commence Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / On the Papers; Determination of Summons for Leave
Outcome
Leave granted to institute proceedings for preliminary discovery; no order as to costs.
Legal Topics
['leave to Institute Proceedings by Vexatious Litigant' 'preliminary Discovery' 'prima Facie Grounds for Proposed Proceedings' 'extension of Limitation Period for Defamation']
['procedure' 'vexatious Proceedings' 'defamation' 'limitation of Actions'] ['leave to Institute Proceedings by Vexatious Litigant' 'preliminary Discovery' 'prima Facie Grounds for Proposed Proceedings' 'extension of Limitation Period for Defamation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Commence Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / On the Papers; Determination of Summons for Leave

Legal Issues

  1. 1 ['Whether the proposed proceedings were vexatious proceedings within the meaning of the Vexatious Proceedings Act 2008 (NSW).' 'Whether there were one or more prima facie grounds for the proposed proceedings.' 'Whether leave should be granted to institute proceedings for preliminary discovery relevant to a possible defamation claim.']

Ratio Decidendi

Because there was a basis for preliminary discovery and the Court could not conclude that the proposed proceedings were vexatious or without any basis, leave should be granted to the applicant to institute proceedings for preliminary discovery.

Court Disposition

Leave granted to institute proceedings for preliminary discovery; no order as to costs.

Orders

  • ['Pursuant to s 16(3) of the Vexatious Proceedings Act 2008 (NSW), the Court grants leave to the applicant to institute proceedings by lodging a summons pursuant to rules 6.2 and 6.4 of the Uniform Civil Procedure Rules 2005, for preliminary discovery pursuant to r 5.3 of the Rules, in the terms set out in Exhibit F...