Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWSC 408

Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWSC 408

The Notice of Motion filed by Mr Zepinic on 23 March 2020 was filed without the leave required by subsisting vexatious proceedings orders and constitutes an abuse of process; it must be dismissed under the Vexatious Proceedings Act 2008 NSW. Indemnity costs should be awarded to the respondent to prevent further waste of resources resulting from vexatious conduct.

Jurisdiction
Australia
Judgment Date
16 April 2020
Procedural Posture
Equity / Notice of Motion – Dismissal for Lack of Leave (vexatious Proceedings)
Outcome
Notice of Motion filed 23 March 2020 is dismissed as an abuse of process; applicant to pay respondent's costs on indemnity basis.
Legal Topics
['vexatious Proceedings' 'abuse of Process' 'dismissal of Proceedings' 'costs Orders']
['civil Procedure' 'equity'] ['vexatious Proceedings' 'abuse of Process' 'dismissal of Proceedings' 'costs Orders']

Case Brief

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Procedural Posture

Equity / Notice of Motion – Dismissal for Lack of Leave (vexatious Proceedings)

Legal Issues

  1. 1 ['Whether Notice of Motion filed without leave by person subject to vexatious proceedings order should be dismissed' 'Whether proceedings amount to abuse of process' 'Appropriateness of indemnity costs order']

Ratio Decidendi

The Notice of Motion filed by Mr Zepinic on 23 March 2020 was filed without the leave required by subsisting vexatious proceedings orders and constitutes an abuse of process; it must be dismissed under the Vexatious Proceedings Act 2008 NSW. Indemnity costs should be awarded to the respondent to prevent further waste of resources resulting from vexatious conduct.

Court Disposition

Notice of Motion filed 23 March 2020 is dismissed as an abuse of process; applicant to pay respondent's costs on indemnity basis.

Orders

  • ['Declare that, pursuant to section 13(2) of the Vexatious Proceedings Act 2008 NSW, the Notice of Motion filed by Vitomir Zepinic on 23 March 2020 has been stayed until dismissed under section 13 of the Act.' 'Order that the Notice of Motion filed on 23 March 2020 be dismissed pursuant to section 13(4)(b) of the...