Dr Vito Zepinic v Worrells Solvency & Forensic Accountants [2022] NSWSC 732

Dr Vito Zepinic v Worrells Solvency & Forensic Accountants [2022] NSWSC 732

The summons was dismissed because there was no basis to set aside the existing vexatious proceedings order, the applicant's proposed claim against Worrells confirmed that he remained a vexatious litigant, his affidavit did not substantially comply with s 14(3) of the Vexatious Proceedings Act 2008 (NSW), and the proposed proceedings were an abuse of process and vexatious because they sought to relitigate matters concerning the sale of the property and enforcement of the debt that had already been repeatedly determined adversely to him.

Jurisdiction
Australia
Judgment Date
10 August 2022
Procedural Posture
Application for Leave to Institute Proceedings and to Set Aside a Vexatious Proceedings Order Under the Vexatious Proceedings Act 2008 (nsw) / Principal Judgment on the Papers
Outcome
Summons of 25 March 2022 dismissed.
Legal Topics
['vexatious Litigants' 'leave to Institute Proceedings' 'vexatious Proceedings Order' 'abuse of Process' 'relitigation']
['civil Procedure'] ['vexatious Litigants' 'leave to Institute Proceedings' 'vexatious Proceedings Order' 'abuse of Process' 'relitigation']

Case Brief

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Procedural Posture

Application for Leave to Institute Proceedings and to Set Aside a Vexatious Proceedings Order Under the Vexatious Proceedings Act 2008 (nsw) / Principal Judgment on the Papers

Legal Issues

  1. 1 ['Whether the vexatious proceedings order made against the applicant and members of his family should be set aside under s 9 of the Vexatious Proceedings Act 2008 (NSW).' 'Whether the applicant should be granted leave under s 14 of the Vexatious Proceedings Act 2008 (NSW) to institute proceedings against Worrells Solvency & Forensic Accountants.' "Whether the applicant's affidavit substantially complied with s 14(3) of the Vexatious Proceedings Act 2008 (NSW)." 'Whether the proposed proceedings against Worrells were vexatious because they attempted to relitigate matters already determined.']

Ratio Decidendi

The summons was dismissed because there was no basis to set aside the existing vexatious proceedings order, the applicant's proposed claim against Worrells confirmed that he remained a vexatious litigant, his affidavit did not substantially comply with s 14(3) of the Vexatious Proceedings Act 2008 (NSW), and the proposed proceedings were an abuse of process and vexatious because they sought to relitigate matters concerning the sale of the property and enforcement of the debt that had already been repeatedly determined adversely to him.

Court Disposition

Summons of 25 March 2022 dismissed.

Orders

  • ['The Court declined to make the order setting aside the vexatious proceedings order made by Pembroke J on 25 May 2017.' 'The Court declined to grant leave to institute proceedings against Worrells Solvency & Forensic Accountants.' 'The summons filed on 25 March 2022 was dismissed.']