Sebie v Bresic Whitney Balmain Pty Ltd [2022] NSWSC 816

Sebie v Bresic Whitney Balmain Pty Ltd [2022] NSWSC 816

The proceedings were dismissed as an abuse of process and for being vexatious, as the plaintiff had repeatedly instituted claims on already determined issues, failed to comply with court directions, and the claims lacked merit and were out of time. The history of multiple unsuccessful and identical proceedings justified an order under the Vexatious Proceedings Act 2008 (NSW) prohibiting similar further proceedings. Indemnity costs were warranted due to the vexatious and repetitive nature of the litigation.

Jurisdiction
Australia
Judgment Date
06 June 2022
Procedural Posture
Civil Proceeding / Motion for Summary Dismissal and Vexatious Proceedings Orders
Outcome
Proceedings dismissed; vexatious proceedings orders made; indemnity costs ordered
Legal Topics
['summary Dismissal' 'vexatious Proceedings' 'abuse of Process' 'limitations' 'costs']
['civil Procedure'] ['summary Dismissal' 'vexatious Proceedings' 'abuse of Process' 'limitations' 'costs']

Case Brief

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Procedural Posture

Civil Proceeding / Motion for Summary Dismissal and Vexatious Proceedings Orders

Legal Issues

  1. 1 ['Whether the proceedings should be summarily dismissed for abuse of process, inability to plead appropriately, or being vexatious; whether the plaintiff should be declared a vexatious litigant and subject to orders under the Vexatious Proceedings Act 2008 (NSW); whether indemnity costs should be ordered']

Ratio Decidendi

The proceedings were dismissed as an abuse of process and for being vexatious, as the plaintiff had repeatedly instituted claims on already determined issues, failed to comply with court directions, and the claims lacked merit and were out of time. The history of multiple unsuccessful and identical proceedings justified an order under the Vexatious Proceedings Act 2008 (NSW) prohibiting similar further proceedings. Indemnity costs were warranted due to the vexatious and repetitive nature of the litigation.

Court Disposition

Proceedings dismissed; vexatious proceedings orders made; indemnity costs ordered

Orders

  • ['Proceedings dismissed under rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW)' 'Robert Sebie prohibited from instituting proceedings in NSW against specified parties relating to 11 Tutt Crescent, Chiswick NSW 2046, pursuant to section 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW)' 'Exceptions to the...