Wang v State of New South Wales (No 4) [2020] NSWCA 171

Wang v State of New South Wales (No 4) [2020] NSWCA 171

Ms Wang's written submission raised no additional matter of substance, her complaint about certification of an earlier judgment was misconceived, and her motion was an impermissible attempt to re-agitate matters previously determined; she therefore did not show cause why the motion should not be summarily dismissed as vexatious and an abuse of process.

Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Notice of Motion in Appeal Proceedings / On the Papers; Application to Set Aside Prior Orders Refusing Leave to Appeal
Outcome
Notice of motion dismissed with costs.
Legal Topics
['notice of Motion' 'setting Aside Orders' 'vexatious Proceedings' 'abuse of Process' 're Agitation of Determined Matters']
['civil Procedure' 'appeals'] ['notice of Motion' 'setting Aside Orders' 'vexatious Proceedings' 'abuse of Process' 're Agitation of Determined Matters']

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Procedural Posture

Notice of Motion in Appeal Proceedings / On the Papers; Application to Set Aside Prior Orders Refusing Leave to Appeal

Legal Issues

  1. 1 ['Whether Ms Wang showed cause why her notice of motion filed on 28 July 2020 should not be summarily dismissed as vexatious and an abuse of process.' 'Whether the complaint about certification of an earlier judgment by a person temporarily acting as an associate to a judge disclosed an arguable error.']

Ratio Decidendi

Ms Wang's written submission raised no additional matter of substance, her complaint about certification of an earlier judgment was misconceived, and her motion was an impermissible attempt to re-agitate matters previously determined; she therefore did not show cause why the motion should not be summarily dismissed as vexatious and an abuse of process.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • ["Ms Wang's notice of motion filed on 28 July 2020 be dismissed with costs."]