Application of Miguela Macatangay [2017] NSWSC 1047

Application of Miguela Macatangay [2017] NSWSC 1047

The application sought to maintain or resume proceedings and re-agitate issues already determined by the Court of Appeal and previously held to be an abuse of process. The substantive relief depended on an alleged cause of action already ruled unavailable to the applicant. Because the proceedings were vexatious proceedings within Vexatious Proceedings Act 2008 (NSW) s 6(a), the Court was obliged to dismiss the application under s 15.

Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Application for Leave to Institute Proceedings Under Vexatious Proceedings Act 2008 (nsw) S 14(2) / On the Papers; Summons Filed 4 April 2017 Dismissed
Outcome
Summons dismissed.
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'abuse of Process' 'attempt to Re Agitate Determined Issues']
['practice and Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'abuse of Process' 'attempt to Re Agitate Determined Issues']

Case Brief

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Procedural Posture

Application for Leave to Institute Proceedings Under Vexatious Proceedings Act 2008 (nsw) S 14(2) / On the Papers; Summons Filed 4 April 2017 Dismissed

Legal Issues

  1. 1 ['Whether the applicant should be granted leave under Vexatious Proceedings Act 2008 (NSW) s 14(2) to institute or maintain proceedings otherwise prohibited by a vexatious proceedings order.' 'Whether the proposed proceedings were vexatious proceedings or an abuse of process within the meaning of Vexatious Proceedings Act 2008 (NSW) s 6(a).']

Ratio Decidendi

The application sought to maintain or resume proceedings and re-agitate issues already determined by the Court of Appeal and previously held to be an abuse of process. The substantive relief depended on an alleged cause of action already ruled unavailable to the applicant. Because the proceedings were vexatious proceedings within Vexatious Proceedings Act 2008 (NSW) s 6(a), the Court was obliged to dismiss the application under s 15.

Court Disposition

Summons dismissed.

Orders

  • ['I dismiss the summons filed 4 April 2017 in matter 2017/101486.']