Li Wang v State of NSW [2022] NSWSC 544

Li Wang v State of NSW [2022] NSWSC 544

The plaintiff's motion of 22 March 2022 was dismissed as it sought to re-litigate or agitate issues already listed for hearing on 4 July 2022 and such interlocutory applications constitute an abuse of process. Orders were made to restrict further applications prior to the scheduled hearing unless supported by...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 May 2022
Procedural Posture
Civil / Interlocutory Application – Motion to Dismiss and Associated Procedural Orders
Outcome
Plaintiff's motion dismissed with costs. Restriction imposed on further applications before the substantive hearing date.
Legal Topics
['abuse of Process' 'summary Dismissal' 'vexatious Proceedings']
['civil Procedure'] ['abuse of Process' 'summary Dismissal' 'vexatious Proceedings']

Source-derived case record

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Procedural Posture

Civil / Interlocutory Application – Motion to Dismiss and Associated Procedural Orders

Legal Issues

  1. 1 ["Whether the plaintiff's motion of 22 March 2022 should be dismissed as an abuse of process" 'Whether interlocutory relief is sought repetitively to agitate issues listed for substantive hearing']

Ratio Decidendi

The plaintiff's motion of 22 March 2022 was dismissed as it sought to re-litigate or agitate issues already listed for hearing on 4 July 2022 and such interlocutory applications constitute an abuse of process. Orders were made to restrict further applications prior to the scheduled hearing unless supported by reasons to avoid summary dismissal as vexatious and an abuse of process.

Court Disposition

Plaintiff's motion dismissed with costs. Restriction imposed on further applications before the substantive hearing date.

Orders

  • ["The plaintiff's motion of 22 March 2022 is dismissed." "The plaintiff shall pay the first defendant's costs of the motion." 'The plaintiff is not to file any further application before 4 July 2022 hearing without contemporaneously filing a document of no more than 5 pages showing cause why it should not be...