Application by Lucy Klewer [2014] NSWSC 1539

Application by Lucy Klewer [2014] NSWSC 1539

Ms Klewer's supporting affidavit did not substantially comply with s 14(3) of the Vexatious Proceedings Act 2008 because it fell considerably short of the minimum statutory requirements to list all prior leave applications, list all other proceedings instituted in Australia, and disclose all material facts. Section 15(1)(a) therefore required the Court to dismiss the application.

Jurisdiction
Australia
Judgment Date
07 November 2014
Procedural Posture
Application for Leave to Institute Proceedings Under S 14 of the Vexatious Proceedings Act 2008 / On the Papers
Outcome
Summons filed 22 October 2014 is dismissed.
Legal Topics
['leave to Institute Proceedings' 'vexatious Litigant' 'affidavit Requirements' 'dismissal of Application' 'tutor for Person Under Legal Incapacity']
['civil Procedure' 'practice' 'vexatious Proceedings'] ['leave to Institute Proceedings' 'vexatious Litigant' 'affidavit Requirements' 'dismissal of Application' 'tutor for Person Under Legal Incapacity']

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Procedural Posture

Application for Leave to Institute Proceedings Under S 14 of the Vexatious Proceedings Act 2008 / On the Papers

Legal Issues

  1. 1 ['Whether Ms Klewer should be granted leave under s 14 of the Vexatious Proceedings Act 2008 to institute proceedings seeking her appointment as tutor for her son in existing Supreme Court proceedings.' 'Whether the affidavit filed in support of the application substantially complied with s 14(3) of the Vexatious Proceedings Act 2008.' 'Whether s 15(1)(a) of the Vexatious Proceedings Act 2008 required dismissal of the application.']

Ratio Decidendi

Ms Klewer's supporting affidavit did not substantially comply with s 14(3) of the Vexatious Proceedings Act 2008 because it fell considerably short of the minimum statutory requirements to list all prior leave applications, list all other proceedings instituted in Australia, and disclose all material facts. Section 15(1)(a) therefore required the Court to dismiss the application.

Court Disposition

Summons filed 22 October 2014 is dismissed.

Orders

  • ['Summons filed 22 October 2014 is dismissed.']