Macatangay v State of New South Wales [2013] NSWCA 237

Macatangay v State of New South Wales [2013] NSWCA 237

The Attorney-General was joined because his participation would provide a contradictor and he had a statutory interest in the administration and operation of the Vexatious Proceedings Act 2008. The applicant had repeatedly instituted or pursued proceedings and applications in relation to the same matter that were dismissed as abuses of process or as lacking reasonable grounds. Her current material merely repeated assertions previously rejected, showed no plausible basis to set aside the vexatious proceedings order, and disclosed no prima facie ground for any further proceedings in relation to the Matter; leave therefore had to be refused and the motion dismissed.

Jurisdiction
Australia
Judgment Date
29 July 2013
Procedural Posture
Motion to Set Aside a Vexatious Proceedings Order and for Leave to Institute Proceedings / Court of Appeal Determination of Notice of Motion Filed 14 March 2013 and Joinder Motion
Outcome
Motion dismissed; Attorney-General joined as second respondent.
Legal Topics
['setting Aside Vexatious Proceedings Order' 'leave to Institute Proceedings' 'joinder' 'abuse of Process' 'no Prima Facie Ground']
['civil Procedure' 'vexatious Proceedings'] ['setting Aside Vexatious Proceedings Order' 'leave to Institute Proceedings' 'joinder' 'abuse of Process' 'no Prima Facie Ground']

Case Brief

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Procedural Posture

Motion to Set Aside a Vexatious Proceedings Order and for Leave to Institute Proceedings / Court of Appeal Determination of Notice of Motion Filed 14 March 2013 and Joinder Motion

Legal Issues

  1. 1 ["Whether the Attorney-General of New South Wales should be joined as second respondent to the applicant's motion." 'Whether the vexatious proceedings order made on 15 November 2012 should be set aside under s 9 of the Vexatious Proceedings Act 2008.' 'Whether the applicant should be granted leave under s 14 of the Vexatious Proceedings Act 2008 to institute further proceedings relating to her claims.' 'Whether the applicant had shown a prima facie ground for initiating further proceedings in relation to the Matter.']

Ratio Decidendi

The Attorney-General was joined because his participation would provide a contradictor and he had a statutory interest in the administration and operation of the Vexatious Proceedings Act 2008. The applicant had repeatedly instituted or pursued proceedings and applications in relation to the same matter that were dismissed as abuses of process or as lacking reasonable grounds. Her current material merely repeated assertions previously rejected, showed no plausible basis to set aside the vexatious proceedings order, and disclosed no prima facie ground for any further proceedings in relation to the Matter; leave therefore had to be refused and the motion dismissed.

Court Disposition

Motion dismissed; Attorney-General joined as second respondent.

Orders

  • ['Pursuant to UCPR, r 6.27, order that the Attorney-General be joined as the second respondent to the motion filed by the applicant on 14 March 2013 ("Motion").' 'The Motion is dismissed.']