Application of Mohammad Tabibar Rahman [2014] NSWSC 1161

Application of Mohammad Tabibar Rahman [2014] NSWSC 1161

Leave to institute proceedings is refused because the applicant's affidavit did not comply with s 14(3)(a), and because the proposed proceedings are deemed vexatious and an abuse of process within the meaning of the Act.

Jurisdiction
Australia
Judgment Date
22 August 2014
Procedural Posture
Application for Leave to Institute Proceedings / Decision on Papers
Outcome
leave to institute proceedings refused
Legal Topics
['vexatious Proceedings' 'abuse of Process' 'leave to Institute Proceedings' 'compliance With Affidavits' 'constitutional Law']
['civil Procedure'] ['vexatious Proceedings' 'abuse of Process' 'leave to Institute Proceedings' 'compliance With Affidavits' 'constitutional Law']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Leave to Institute Proceedings / Decision on Papers

Legal Issues

  1. 1 ['Has the applicant complied with statutory requirements for an affidavit under s 14(3) Vexatious Proceedings Act 2008 (NSW)?' 'Are the proposed proceedings vexatious or an abuse of process?' 'Is the relevant legislation constitutionally valid?']

Ratio Decidendi

Leave to institute proceedings is refused because the applicant's affidavit did not comply with s 14(3)(a), and because the proposed proceedings are deemed vexatious and an abuse of process within the meaning of the Act.

Court Disposition

leave to institute proceedings refused

Orders

  • ['Leave to institute proceedings is refused.']