Fokas v Kogarah RSL Club Ltd (No 2) [2012] NSWLEC 185

Fokas v Kogarah RSL Club Ltd (No 2) [2012] NSWLEC 185

The Court was satisfied that the applicant had an opportunity to be heard, had frequently instituted or conducted vexatious proceedings, and that the present proceedings were also vexatious because, apart from identifying one drafting error, they were instituted and pursued without reasonable ground. Given her substantial litigation history, failure to comply with costs orders, lack of apparent insight, and absence of any defence to the motion, a protective order was warranted requiring leave before she could institute further Land and Environment Court proceedings against Kogarah City Council. On costs, Patrick Nash had no reasonable basis for being joined and was entitled to his costs;...

Jurisdiction
Australia
Judgment Date
09 August 2012
Procedural Posture
Class 4 Judicial Review Proceedings; Interlocutory Applications for a Vexatious Proceedings Order and Costs / After Principal Judgment, on Motions for Vexatious Proceedings Order and Costs
Outcome
Vexatious proceedings order made against the applicant in favour of Kogarah City Council; costs orders made in favour of Patrick Nash and Kogarah City Council in limited respects; first respondent's costs motion dismissed with no order as to costs; prior costs order varied.
Legal Topics
['vexatious Proceedings Order Under the Vexatious Proceedings Act 2008' 'leave Requirement Before Instituting Proceedings' 'costs in Class 4 Proceedings' 'apportionment of Costs' 'development Consent Condition']
['vexatious Proceedings' 'costs' 'planning and Environment'] ['vexatious Proceedings Order Under the Vexatious Proceedings Act 2008' 'leave Requirement Before Instituting Proceedings' 'costs in Class 4 Proceedings' 'apportionment of Costs' 'development Consent Condition']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings; Interlocutory Applications for a Vexatious Proceedings Order and Costs / After Principal Judgment, on Motions for Vexatious Proceedings Order and Costs

Legal Issues

  1. 1 ['Whether Maria Fokas should be prohibited from instituting proceedings in the Land and Environment Court against Kogarah City Council without leave under s 14 of the Vexatious Proceedings Act 2008.' 'Whether the applicant had frequently instituted or conducted vexatious proceedings within ss 6 and 8 of the Vexatious Proceedings Act 2008.' 'Whether the applicant should pay the costs of the former third respondent, Patrick Nash.' "Whether the applicant should pay Kogarah City Council's costs generally or in a more limited form." "Whether the first respondent's costs notice of motion should be dismissed where it was not pressed."]

Ratio Decidendi

The Court was satisfied that the applicant had an opportunity to be heard, had frequently instituted or conducted vexatious proceedings, and that the present proceedings were also vexatious because, apart from identifying one drafting error, they were instituted and pursued without reasonable ground. Given her substantial litigation history, failure to comply with costs orders, lack of apparent insight, and absence of any defence to the motion, a protective order was warranted requiring leave before she could institute further Land and Environment Court proceedings against Kogarah City Council. On costs, Patrick Nash had no reasonable basis for being joined and was entitled to his costs;...

Court Disposition

Vexatious proceedings order made against the applicant in favour of Kogarah City Council; costs orders made in favour of Patrick Nash and Kogarah City Council in limited respects; first respondent's costs motion dismissed with no order as to costs; prior costs order varied.

Orders

  • ['The applicant, Maria Fokas, is prohibited from instituting proceedings in the Land and Environment Court against the third respondent, Kogarah City Council, without leave of the Land and Environment Court under s 14 of the Vexatious Proceedings Act 2008.' 'The applicant, Maria Fokas, is to pay the costs of the...