Pascoe v Liprini [2012] NSWSC 345
There was no proper basis to stay the writ of possession. The same application had already been made and rejected by Ball J on 8 March 2012, there was no apparent material change of circumstances, and the fresh application was an abuse of process. The application also required leave, which had not been sought.
- Jurisdiction
- Australia
- Judgment Date
- 24 March 2012
- Procedural Posture
- Application for Stay of a Writ of Possession / Equity Division Duty List
- Outcome
- Application dismissed
- Legal Topics
- ['parties' 'abuse of Process' 'conduct of Parties' 'vexatious Litigant' 'stay of Writ of Possession' 'ex Parte Application']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Stay of a Writ of Possession / Equity Division Duty List
Legal Issues
- 1 ['Whether the writ of possession issued on 8 March 2012 should be stayed.' 'Whether the fresh application for a stay, after the same application had been dismissed by Ball J on 8 March 2012 and with no apparent material change of circumstances, was an abuse of process.' 'Whether leave was required because Dr Liprini had been prohibited from instituting proceedings in New South Wales without leave of the court.']
Ratio Decidendi
There was no proper basis to stay the writ of possession. The same application had already been made and rejected by Ball J on 8 March 2012, there was no apparent material change of circumstances, and the fresh application was an abuse of process. The application also required leave, which had not been sought.
Court Disposition
Application dismissed
Orders
- ['The application be dismissed.' 'There are no costs to be paid.']
Full Case Text
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