De Varda v Austin [2018] NSWCA 263

De Varda v Austin [2018] NSWCA 263

The application for leave to appeal from the order dismissing the 2018 proceedings stands dismissed pursuant to s 13(3) of the Vexatious Proceedings Act 2008 (NSW), as it was filed without leave, and 28 days lapsed. No pro bono referral order is made as the prospects of appeal are negligible and proceedings are repetitive. Costs are ordered in accordance with the respective parties' involvement and interests in the two notice of motions.

Parties
Applicant: Joseph de Varda; Second Applicant: Samuel Tov-Lev; First Respondent: David Austin; Second Respondent: Eddy Neumann; Third Respondent: Murray Selig; Fourth Respondent: John Lowbeer
Jurisdiction
Australia
Judgment Date
12 November 2018
Procedural Posture
Civil Appeal / Court of Appeal – Hearing of Notice of Motions and Application for Leave to Appeal
Outcome
summons seeking leave to appeal dismissed; motions determined; costs ordered
Legal Topics
Vexatious Litigant, Leave to Appeal, Costs, Pro Bono Referral
Civil Procedure Vexatious Litigant Leave to Appeal Costs Pro Bono Referral

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Parties

Joseph de Varda

Applicant

Samuel Tov-Lev

Second Applicant

David Austin

First Respondent

Eddy Neumann

Second Respondent

Murray Selig

Third Respondent

John Lowbeer

Fourth Respondent

Procedural Posture

Civil Appeal / Court of Appeal – Hearing of Notice of Motions and Application for Leave to Appeal

Legal Issues

  1. 1 Whether the summons seeking leave to appeal stands dismissed by operation of the Vexatious Proceedings Act 2008 (NSW), s 13(3)
  2. 2 Whether orders for pro bono referral should be made under UCPR, r 7.36
  3. 3 Whether costs should be awarded on notice of motions

Ratio Decidendi

The application for leave to appeal from the order dismissing the 2018 proceedings stands dismissed pursuant to s 13(3) of the Vexatious Proceedings Act 2008 (NSW), as it was filed without leave, and 28 days lapsed. No pro bono referral order is made as the prospects of appeal are negligible and proceedings are repetitive. Costs are ordered in accordance with the respective parties' involvement and interests in the two notice of motions.

Court Disposition

summons seeking leave to appeal dismissed; motions determined; costs ordered

Orders

  • Declare that the summons seeking leave to appeal filed 7 September 2018, insofar as it seeks leave to appeal from the order dismissing the 2018 proceedings, stands dismissed pursuant to the Vexatious Proceedings Act 2008 (NSW), s 13(3)
  • The applicants' notice of motion of 9 October 2018 be dismissed