Application of Miguela Alvarez Macatangay [2018] NSWSC 1183

Application of Miguela Alvarez Macatangay [2018] NSWSC 1183

Leave was refused because the proposed proceedings were materially the same as those for which leave had previously been refused, the contention that the Industrial Relations Commission claim was not settled had been finally resolved against the applicant with all avenues of appeal and review exhausted, and the supporting affidavit disclosed no change of circumstances or new or different material warranting a different result or variation or setting aside of the vexatious proceedings order.

Jurisdiction
Australia
Judgment Date
01 August 2018
Procedural Posture
Application for Leave Under the Vexatious Proceedings Act 2008 (nsw) to Commence Proceedings / On the Papers
Outcome
Application for leave under the Vexatious Proceedings Act 2008 (NSW) to commence proceedings refused.
Legal Topics
['vexatious Litigants' 'leave to Institute Proceedings']
['civil Procedure'] ['vexatious Litigants' 'leave to Institute Proceedings']

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Procedural Posture

Application for Leave Under the Vexatious Proceedings Act 2008 (nsw) to Commence Proceedings / On the Papers

Legal Issues

  1. 1 ['Whether the applicant should be granted leave under s 14(2) of the Vexatious Proceedings Act 2008 (NSW) to commence proceedings against the State of New South Wales.' 'Whether the present application disclosed any change of circumstances or new or different material distinguishing it from previous unsuccessful applications.']

Ratio Decidendi

Leave was refused because the proposed proceedings were materially the same as those for which leave had previously been refused, the contention that the Industrial Relations Commission claim was not settled had been finally resolved against the applicant with all avenues of appeal and review exhausted, and the supporting affidavit disclosed no change of circumstances or new or different material warranting a different result or variation or setting aside of the vexatious proceedings order.

Court Disposition

Application for leave under the Vexatious Proceedings Act 2008 (NSW) to commence proceedings refused.

Orders

  • ['Application for leave under the Vexatious Proceedings Act 2008 (NSW) to commence proceedings refused.']