Vaughan trading as Johnston Vaughan v Wang [2017] NSWSC 1791

Vaughan trading as Johnston Vaughan v Wang [2017] NSWSC 1791

Mr Wang has frequently instituted vexatious proceedings against Mr Vaughan and those associated with Johnston Vaughan. The proceedings were instituted without reasonable ground; accordingly, orders restraining further proceedings are appropriate under the Vexatious Proceedings Act 2008 (NSW). Cognitive impairment of...

Source-derived case information.

Parties
Plaintiff: Michael John Vaughan trading as Johnston Vaughan; Defendant: Yun Fu Wang
Jurisdiction
Australia
Judgment Date
19 December 2017
Procedural Posture
Application for Vexatious Proceedings Orders / Judgment on Application
Outcome
Vexatious proceedings orders granted as sought.
Legal Topics
Vexatious Proceedings, Abuse of Process, Standing, Costs
Civil Procedure Vexatious Proceedings Abuse of Process Standing Costs

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Parties

Michael John Vaughan trading as Johnston Vaughan

Plaintiff

Yun Fu Wang

Defendant

Procedural Posture

Application for Vexatious Proceedings Orders / Judgment on Application

Legal Issues

  1. 1 Whether Mr Wang has frequently instituted or conducted vexatious proceedings against Mr Vaughan or those associated with Johnston Vaughan within the meaning of the Vexatious Proceedings Act 2008 (NSW)
  2. 2 Whether orders should be made restraining Mr Wang from instituting proceedings against Mr Vaughan, Amil Dlakic or Johnston Vaughan

Ratio Decidendi

Mr Wang has frequently instituted vexatious proceedings against Mr Vaughan and those associated with Johnston Vaughan. The proceedings were instituted without reasonable ground; accordingly, orders restraining further proceedings are appropriate under the Vexatious Proceedings Act 2008 (NSW). Cognitive impairment of Mr Wang, if present, is a further reason in favour of making the orders sought.

Court Disposition

Vexatious proceedings orders granted as sought.

Orders

  • Any proceedings already instituted by Mr Wang against Mr Vaughan are stayed.
  • Mr Wang is prohibited from instituting proceedings naming Michael Vaughan, Amil Dlakic or Johnston Vaughan as a party.