De Varda v Austin [2019] NSWCA 42

De Varda v Austin [2019] NSWCA 42

A real and serious question arises as to the appropriateness of orders made under s 8 of the Vexatious Proceedings Act where, for one applicant, there was no prior notice that such relief would be sought, and for the other, it is unclear whether an opportunity to be heard was provided. This warrants the granting of leave to appeal.

Jurisdiction
Australia
Judgment Date
05 March 2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal
Outcome
leave to appeal granted
Legal Topics
['leave to Appeal' 'procedural Fairness' 'vexatious Proceedings']
['practice and Procedure'] ['leave to Appeal' 'procedural Fairness' 'vexatious Proceedings']

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Procedural Posture

Leave to Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether a seriously arguable question of denial of procedural fairness exists in respect of orders made pursuant to s 8 of the Vexatious Proceedings Act 2008 (NSW)' 'Whether proper notice was given to parties before orders under the Vexatious Proceedings Act were sought or made']

Ratio Decidendi

A real and serious question arises as to the appropriateness of orders made under s 8 of the Vexatious Proceedings Act where, for one applicant, there was no prior notice that such relief would be sought, and for the other, it is unclear whether an opportunity to be heard was provided. This warrants the granting of leave to appeal.

Court Disposition

leave to appeal granted

Orders

  • ['Leave to appeal from orders 2 and 3 of De Varda v Austin (Supreme Court (NSW), Pembroke J, 8 June 2018, unrep) is granted']