Proietti v Proietti (No 3) [2023] NSWCA 199

Proietti v Proietti (No 3) [2023] NSWCA 199

The notice of motion, seeking to stay or set aside prior orders appointing trustees for sale, was vexatious and an abuse of process as it sought relief already refused after repeated applications and appeals; under the Teoh order previously made, the application fell to be summarily dismissed.

Parties
Applicant: Philip Proietti; First Respondent: Peter Proietti; Second Respondent: Ian Colwell Miller & Peter Joseph Dominello as Court Appointed Trustees
Jurisdiction
Australia
Judgment Date
29 August 2023
Procedural Posture
Notice of Motion / Application to Set Aside/vexatious Proceeding Determination
Outcome
Application dismissed as vexatious and an abuse of process
Legal Topics
Vexatious Proceedings, Abuse of Process, Teoh Order, Setting Aside Orders, Stay of Execution
Civil Procedure Vexatious Proceedings Abuse of Process Teoh Order Setting Aside Orders Stay of Execution

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Parties

Philip Proietti

Applicant

Peter Proietti

First Respondent

Ian Colwell Miller & Peter Joseph Dominello as Court Appointed Trustees

Second Respondent

Procedural Posture

Notice of Motion / Application to Set Aside/vexatious Proceeding Determination

Legal Issues

  1. 1 Whether the further application to set aside orders appointing trustees for sale was vexatious or an abuse of process
  2. 2 Whether a Teoh order should remain in place to limit further applications

Ratio Decidendi

The notice of motion, seeking to stay or set aside prior orders appointing trustees for sale, was vexatious and an abuse of process as it sought relief already refused after repeated applications and appeals; under the Teoh order previously made, the application fell to be summarily dismissed.

Court Disposition

Application dismissed as vexatious and an abuse of process

Orders

  • Notice of motion dated 24 July 2023 dismissed.