Application of Klewer [2019] NSWSC 525

Application of Klewer [2019] NSWSC 525

Leave to commence proceedings was refused because the applicant failed to specify any basis or justification that could warrant the granting of leave; no evidentiary, legal, or procedural defect was identified in the Local Court proceedings, and no prospect of a different result on appeal was shown.

Parties
Applicant: Lucy Patricia Klewer
Jurisdiction
Australia
Judgment Date
10 May 2019
Procedural Posture
Application for Leave to Commence Proceedings / Application Under Vexatious Proceedings Act 2008 (nsw)
Outcome
Application refused
Legal Topics
Vexatious Litigants, Leave to Institute Proceedings
Civil Procedure Vexatious Litigants Leave to Institute Proceedings

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Parties

Lucy Patricia Klewer

Applicant

Procedural Posture

Application for Leave to Commence Proceedings / Application Under Vexatious Proceedings Act 2008 (nsw)

Legal Issues

  1. 1 Whether leave should be granted under the Vexatious Proceedings Act 2008 (NSW) to appeal against conviction
  2. 2 Whether the applicant demonstrated any prospect of a different outcome on appeal
  3. 3 Whether there was any evidentiary or procedural defect in prior proceedings

Ratio Decidendi

Leave to commence proceedings was refused because the applicant failed to specify any basis or justification that could warrant the granting of leave; no evidentiary, legal, or procedural defect was identified in the Local Court proceedings, and no prospect of a different result on appeal was shown.

Court Disposition

Application refused

Orders

  • Application under Vexatious Proceedings Act 2008 (NSW) for leave to commence proceedings refused.