Proietti v Proietti [2024] NSWCA 48

Proietti v Proietti [2024] NSWCA 48

Mr Philip Proietti frequently instituted vexatious proceedings by repeatedly re-agitating matters already finally determined by the Supreme Court and Court of Appeal (including after an unsuccessful application for special leave to the High Court), thus causing delay, annoyance, and oppression to other parties and the administration of justice. This pattern satisfies the statutory requirements for a vexatious proceedings order under s 8 of the Vexatious Proceedings Act 2008 (NSW).

Jurisdiction
Australia
Judgment Date
08 March 2024
Procedural Posture
Application for Vexatious Proceedings Order / Appellate Judgment on Court's Own Motion
Outcome
Vexatious proceedings order made
Legal Topics
['vexatious Proceedings' 'abuse of Process' 'procedural Fairness' 'statutory Trust for Sale']
['civil Procedure' 'property Law'] ['vexatious Proceedings' 'abuse of Process' 'procedural Fairness' 'statutory Trust for Sale']

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Procedural Posture

Application for Vexatious Proceedings Order / Appellate Judgment on Court's Own Motion

Legal Issues

  1. 1 ['Whether Mr Philip Proietti has frequently instituted or conducted vexatious proceedings within the meaning of s 8(1) of the Vexatious Proceedings Act 2008 (NSW)' "Whether certain identified proceedings are 'vexatious' within s 6 of the Act" 'Whether a vexatious proceedings order should be made and its appropriate scope']

Ratio Decidendi

Mr Philip Proietti frequently instituted vexatious proceedings by repeatedly re-agitating matters already finally determined by the Supreme Court and Court of Appeal (including after an unsuccessful application for special leave to the High Court), thus causing delay, annoyance, and oppression to other parties and the administration of justice. This pattern satisfies the statutory requirements for a vexatious proceedings order under s 8 of the Vexatious Proceedings Act 2008 (NSW).

Court Disposition

Vexatious proceedings order made

Orders

  • ['Mr Philip Proietti is prohibited from instituting proceedings in the Supreme Court of New South Wales including in the Court of Appeal against Mr Peter Proietti or the trustees for sale appointed by Kunc J in respect of the matters litigated in Proietti v Proietti [2022] NSWSC 875 and the proceedings: Proietti v...