Pascoe v Liprini [2011] NSWSC 1484

Pascoe v Liprini [2011] NSWSC 1484

The Defendant had frequently instituted and conducted vexatious proceedings in Australia because, after earlier family provision and bankruptcy decisions, he repeatedly brought applications, appeals and interlocutory processes in multiple courts that sought to relitigate matters already finally determined, lacked reasonable grounds, abused court process, and in some instances were conducted by making unsupported allegations of fraud or impropriety against the Plaintiff and others. Given the repeated abuse of court processes, lack of insight, interference with the Plaintiff's duties as trustee in bankruptcy, and the protective purpose of the jurisdiction, it was appropriate to prohibit the...

Jurisdiction
Australia
Judgment Date
05 December 2011
Procedural Posture
Application for Vexatious Proceedings Orders Under S 8 of the Vexatious Proceedings Act 2008 (nsw) / Principal Judgment After Hearing of Summons Filed 20 June 2011
Outcome
Vexatious proceedings orders made against the Defendant; existing New South Wales proceedings instituted by the Defendant stayed; Defendant ordered to pay the Plaintiff's costs.
Legal Topics
['vexatious Proceedings' 'abuse of Process' 'proceedings Instituted or Pursued Without Reasonable Ground' 'relitigation of Determined Issues' 'standing to Seek Vexatious Proceedings Orders' 'stay of Existing Proceedings' 'leave Required to Institute Proceedings']
['practice and Procedure' 'bankruptcy' 'costs'] ['vexatious Proceedings' 'abuse of Process' 'proceedings Instituted or Pursued Without Reasonable Ground' 'relitigation of Determined Issues' 'standing to Seek Vexatious Proceedings Orders' 'stay of Existing Proceedings' 'leave Required to Institute Proceedings']

Case Brief

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Procedural Posture

Application for Vexatious Proceedings Orders Under S 8 of the Vexatious Proceedings Act 2008 (nsw) / Principal Judgment After Hearing of Summons Filed 20 June 2011

Legal Issues

  1. 1 ['Whether the proceedings relied upon by the Plaintiff were vexatious proceedings within the meaning of s 6 of the Vexatious Proceedings Act 2008 (NSW).' 'Whether the Defendant had frequently instituted or conducted vexatious proceedings in Australia.' 'Whether the Court should exercise its discretion to prohibit the Defendant from instituting proceedings in New South Wales without leave and stay all New South Wales proceedings already instituted by him.']

Ratio Decidendi

The Defendant had frequently instituted and conducted vexatious proceedings in Australia because, after earlier family provision and bankruptcy decisions, he repeatedly brought applications, appeals and interlocutory processes in multiple courts that sought to relitigate matters already finally determined, lacked reasonable grounds, abused court process, and in some instances were conducted by making unsupported allegations of fraud or impropriety against the Plaintiff and others. Given the repeated abuse of court processes, lack of insight, interference with the Plaintiff's duties as trustee in bankruptcy, and the protective purpose of the jurisdiction, it was appropriate to prohibit the...

Court Disposition

Vexatious proceedings orders made against the Defendant; existing New South Wales proceedings instituted by the Defendant stayed; Defendant ordered to pay the Plaintiff's costs.

Orders

  • ['Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, the Defendant is prohibited from instituting proceedings in New South Wales without leave of the Court.' 'Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008, all of the proceedings in New South Wales already instituted by the Defendant be...