Proietti v Proietti (No 5) [2023] NSWCA 284

Proietti v Proietti (No 5) [2023] NSWCA 284

The applicant's notice of motion is dismissed as vexatious and an abuse of process because it repeats grounds already finally determined by the Court and raises no new issue.

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

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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 / Motion to Set Aside Orders; Teoh Order Process

Legal Issues

  1. 1 Whether the applicant's notice of motion should be dismissed as vexatious or an abuse of process
  2. 2 Whether the applicant should be further subject to orders under the Vexatious Proceedings Act 2008 (NSW)

Ratio Decidendi

The applicant's notice of motion is dismissed as vexatious and an abuse of process because it repeats grounds already finally determined by the Court and raises no new issue.

Court Disposition

Application dismissed as an abuse of process

Orders

  • The applicant's notice of motion filed 13 November 2023 is dismissed.
  • Mr Proietti may file by email to the associate of Payne JA, by 4pm on 4 December 2023, submissions of no more than three pages as to whether the Court should, of its own motion, fix a hearing to consider whether Mr Proietti's claims generally, or about any of the matters the subject of a determination by the Supreme...