Fokas v Stack & Ors [2010] NSWSC 571

Fokas v Stack & Ors [2010] NSWSC 571

The Court found, based on evidence tendered, that the plaintiff had frequently instituted vexatious proceedings, in particular against each defendant, justifying prohibition orders sought under s 14 of the Act.

Parties
Plaintiff: Maria Fokas; 1st Defendant: Dr J Stack; 2nd Defendant: Dr R Christou; 3rd Defendant: Dr A Saadi; 4th Defendant: Dr J Lee
Jurisdiction
Australia
Judgment Date
01 June 2010
Procedural Posture
Application for Vexatious Proceedings Order / Final Determination
Outcome
Defendants' application granted; plaintiff's motion dismissed.
Legal Topics
Vexatious Proceedings, Vexatious Proceedings Act 2008, Prohibition Orders
Civil Procedure Vexatious Proceedings Vexatious Proceedings Act 2008 Prohibition Orders

Case Brief

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Parties

Maria Fokas

Plaintiff

Dr J Stack

1st Defendant

Dr R Christou

2nd Defendant

Dr A Saadi

3rd Defendant

Dr J Lee

4th Defendant

Procedural Posture

Application for Vexatious Proceedings Order / Final Determination

Legal Issues

  1. 1 Whether Maria Fokas has frequently instituted or conducted vexatious proceedings against the defendants
  2. 2 Whether the plaintiff should be prohibited from instituting fresh proceedings or applications against the defendants without leave under s 14 of the Act

Ratio Decidendi

The Court found, based on evidence tendered, that the plaintiff had frequently instituted vexatious proceedings, in particular against each defendant, justifying prohibition orders sought under s 14 of the Act.

Court Disposition

Defendants' application granted; plaintiff's motion dismissed.

Orders

  • The plaintiff is prohibited from instituting fresh proceedings in any court against any of the defendants without first obtaining leave under s 14 of the Vexatious Proceedings Act 2008.
  • The plaintiff is prohibited from making any application in any legal proceedings involving any of the defendants without first obtaining leave under s 14 of the Vexatious Proceedings Act 2008.