Valassis v M D Nikolaidis & Co. [2000] NSWSC 388

Valassis v M D Nikolaidis & Co. [2000] NSWSC 388

Where a litigant persistently and habitually institutes repetitive applications fundamentally addressing the same issues previously finally determined, such behaviour constitutes the institution of vexatious proceedings within the meaning of Supreme Court Act s 84(2), warranting an order restricting further proceedings without leave of the court.

Jurisdiction
Australia
Judgment Date
12 May 2000
Procedural Posture
Application Under Supreme Court Act S 84(2) / Judgment
Outcome
application granted
Legal Topics
['vexatious Litigant' 'leave to Institute Proceedings' 'costs']
['civil Procedure'] ['vexatious Litigant' 'leave to Institute Proceedings' 'costs']

Case Brief

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Procedural Posture

Application Under Supreme Court Act S 84(2) / Judgment

Legal Issues

  1. 1 ['Whether the respondent habitually and persistently instituted vexatious legal proceedings without reasonable ground against the applicant' 'Whether interlocutory applications constitute institution of legal proceedings under s 84(2)' 'Whether the circumstances justify an order restricting further proceedings']

Ratio Decidendi

Where a litigant persistently and habitually institutes repetitive applications fundamentally addressing the same issues previously finally determined, such behaviour constitutes the institution of vexatious proceedings within the meaning of Supreme Court Act s 84(2), warranting an order restricting further proceedings without leave of the court.

Court Disposition

application granted

Orders

  • ['The plaintiff, Dennis Valassis, shall not, without leave of the Court, institute any legal proceedings against M D Nikolaidis and Co. in any Court and shall not continue any legal proceedings already instituted against M D Nikolaidis and Co. in any Court without the leave of the Court.' 'Dennis Valassis to pay the...