Clarke v Adams [2021] NSWSC 1665

Clarke v Adams [2021] NSWSC 1665

The application for leave was dismissed because the proceedings sought were vexatious, sought to unravel previous orders, and there was no prima facie ground for the proceedings. The relief sought was generally unintelligible and an abuse of process.

Jurisdiction
Australia
Judgment Date
17 December 2021
Procedural Posture
Application for Leave to Commence Proceedings / Dismissal of Summons
Outcome
summons dismissed
Legal Topics
['vexatious Proceedings' 'leave to Commence Proceedings']
['civil Procedure'] ['vexatious Proceedings' 'leave to Commence Proceedings']

Case Brief

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Procedural Posture

Application for Leave to Commence Proceedings / Dismissal of Summons

Legal Issues

  1. 1 ['Whether the institution of the proposed proceedings is prohibited by the vexatious proceedings order' 'Whether the proceedings are vexatious or lack a prima facie ground']

Ratio Decidendi

The application for leave was dismissed because the proceedings sought were vexatious, sought to unravel previous orders, and there was no prima facie ground for the proceedings. The relief sought was generally unintelligible and an abuse of process.

Court Disposition

summons dismissed

Orders

  • ['The summons is dismissed' 'Registry directed not to accept any further document for filing in proceeding 2021/00304833']