Luke v Kwon [2011] NSWSC 36

Luke v Kwon [2011] NSWSC 36

Ms Kwon has, within the meaning of the Vexatious Proceedings Act 2008, frequently instituted or conducted vexatious proceedings against Mr and Mrs Luke by persistently pursuing groundless and repetitive claims in multiple actions, warranting the exercise of the Court's discretion to prohibit her from commencing further proceedings against the plaintiffs.

Jurisdiction
Australia
Judgment Date
14 February 2011
Procedural Posture
Application Under the Vexatious Proceedings Act 2008 / Final Judgment
Outcome
Application granted; proceedings stayed and prohibition order made against the defendant.
Legal Topics
['vexatious Proceedings' 'abuse of Process' 'statute Barred Claims']
['civil Procedure'] ['vexatious Proceedings' 'abuse of Process' 'statute Barred Claims']

Case Brief

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Procedural Posture

Application Under the Vexatious Proceedings Act 2008 / Final Judgment

Legal Issues

  1. 1 ['Whether Ms Kwon has frequently instituted or conducted vexatious proceedings against Mr and Mrs Luke within the meaning of the Vexatious Proceedings Act 2008' 'Whether the Court should grant an order prohibiting Ms Kwon from commencing proceedings in NSW against the plaintiffs']

Ratio Decidendi

Ms Kwon has, within the meaning of the Vexatious Proceedings Act 2008, frequently instituted or conducted vexatious proceedings against Mr and Mrs Luke by persistently pursuing groundless and repetitive claims in multiple actions, warranting the exercise of the Court's discretion to prohibit her from commencing further proceedings against the plaintiffs.

Court Disposition

Application granted; proceedings stayed and prohibition order made against the defendant.

Orders

  • ['Proceedings no. 417800 of 2010 in this Court between the defendant as plaintiff and the plaintiffs as defendants are stayed.' 'Subject to section 14 of the Vexatious Proceedings Act 2008, the defendant is prohibited from commencing any proceedings in the State of New South Wales against either of the plaintiffs.'...