Arjunan v Neighbourhood Association DP No 285853 (No 4) [2023] NSWCA 329

Arjunan v Neighbourhood Association DP No 285853 (No 4) [2023] NSWCA 329

The applicants' notice of motion raises no new issues; all contentions have been previously ventilated and rejected by the Court. The repeated attempts to relitigate the same matters constitute vexatious conduct and an abuse of process. Leave to issue a subpoena is refused as it seeks documents to support contentions already determined against the applicants.

Parties
First Applicant: Kannapiran Chinna Arjunan; Second Applicant: Thangam Kannapiran; Respondent: Neighbourhood Association DP No 285853
Jurisdiction
Australia
Judgment Date
22 December 2023
Procedural Posture
Civil / Application to Set Aside and Vary Orders; Application for Leave to Issue Subpoena
Outcome
Applicants' notice of motion dismissed; leave to issue subpoena refused.
Legal Topics
Setting Aside and Variation of Orders, Abuse of Process, Vexatious Proceedings, Subpoena Procedures, Costs
Civil Procedure Setting Aside and Variation of Orders Abuse of Process Vexatious Proceedings Subpoena Procedures Costs

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Parties

Kannapiran Chinna Arjunan

First Applicant

Thangam Kannapiran

Second Applicant

Neighbourhood Association DP No 285853

Respondent

Procedural Posture

Civil / Application to Set Aside and Vary Orders; Application for Leave to Issue Subpoena

Legal Issues

  1. 1 Whether the applicants' notice of motion to set aside and vary previous orders should be dismissed as vexatious and an abuse of process
  2. 2 Whether leave to issue a subpoena should be granted given previous determinations and lack of new issues

Ratio Decidendi

The applicants' notice of motion raises no new issues; all contentions have been previously ventilated and rejected by the Court. The repeated attempts to relitigate the same matters constitute vexatious conduct and an abuse of process. Leave to issue a subpoena is refused as it seeks documents to support contentions already determined against the applicants.

Court Disposition

Applicants' notice of motion dismissed; leave to issue subpoena refused.

Orders

  • The applicants' notice of motion filed on 29 November 2023 is dismissed.
  • Leave to issue a subpoena is refused.