O’Neill v Kwon [2016] NSWSC 1706

O’Neill v Kwon [2016] NSWSC 1706

The defendant has, by instituting multiple unsuccessful proceedings and lodging repeated caveats based on unsubstantiated claims, acted vexatiously within the meaning of the Vexatious Proceedings Act 2008 (NSW); orders prohibiting further proceedings against the plaintiff and the lodging of caveats are justified.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Application for Vexatious Proceedings Order / Final Judgment and Orders
Outcome
Vexatious proceedings order made and injunction granted.
Legal Topics
['vexatious Proceedings' 'caveats' 'torrens Title' 'abuse of Process' 'injunctions']
['procedure' 'real Property'] ['vexatious Proceedings' 'caveats' 'torrens Title' 'abuse of Process' 'injunctions']

Case Brief

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Procedural Posture

Application for Vexatious Proceedings Order / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the defendant has frequently instituted or conducted vexatious proceedings within the meaning of s 8 Vexatious Proceedings Act 2008 (NSW)' 'Whether an order prohibiting further proceedings and caveats should be granted']

Ratio Decidendi

The defendant has, by instituting multiple unsuccessful proceedings and lodging repeated caveats based on unsubstantiated claims, acted vexatiously within the meaning of the Vexatious Proceedings Act 2008 (NSW); orders prohibiting further proceedings against the plaintiff and the lodging of caveats are justified.

Court Disposition

Vexatious proceedings order made and injunction granted.

Orders

  • ["Pursuant to s 8(7)(b) Vexatious Proceedings Act 2008 Ki Bun Kwon is prohibited from instituting proceedings in New South Wales against Peter Charles O'Neill without the leave of an appropriate court under that Act." 'The Defendant Ki Bun Kwon is prohibited from lodging or seeking to lodge caveats against...