Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWCA 291

Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWCA 291

The application for leave to appeal itself amounted to the institution of proceedings within the meaning of the Vexatious Proceedings Act 2008 (NSW). As Mr Zepinic was subject to a vexatious proceedings order and had not sought or obtained leave to institute the proceedings, the application was correctly stayed and then dismissed by operation of ss 13(2)-(3) of the Act. Costs on an indemnity basis were awarded due to the application's vexatious character and repeated disregard of statutory requirements.

Jurisdiction
Australia
Judgment Date
17 November 2020
Procedural Posture
Application for Leave to Appeal / Appellate; Application for Leave to Appeal From Orders of Supreme Court of New South Wales (equity – Duty List)
Outcome
Application for leave to appeal dismissed.
Legal Topics
['vexatious Proceedings' 'leave to Appeal' 'abuse of Process' 'costs']
['civil Procedure'] ['vexatious Proceedings' 'leave to Appeal' 'abuse of Process' 'costs']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Appellate; Application for Leave to Appeal From Orders of Supreme Court of New South Wales (equity – Duty List)

Legal Issues

  1. 1 ['Whether the application for leave to appeal constituted the institution of proceedings within the meaning of the Vexatious Proceedings Act 2008 (NSW) where no leave had been sought or granted to institute such proceedings under s 14(2).' 'Whether the proceedings should be dismissed or stayed under s 13 of the Act.' 'Whether indemnity costs should be ordered against Mr Zepinic.']

Ratio Decidendi

The application for leave to appeal itself amounted to the institution of proceedings within the meaning of the Vexatious Proceedings Act 2008 (NSW). As Mr Zepinic was subject to a vexatious proceedings order and had not sought or obtained leave to institute the proceedings, the application was correctly stayed and then dismissed by operation of ss 13(2)-(3) of the Act. Costs on an indemnity basis were awarded due to the application's vexatious character and repeated disregard of statutory requirements.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['Application for leave to appeal dismissed.' "Mr Zepinic to pay Chateau Constructions (Aust) Ltd's costs in the sum of $14,292.34." 'Order 2 to be stayed for 14 days.' 'In the event that Mr Zepinic seeks to vary order 2, he is to do so by letter addressed to the Registrar of the Court of Appeal within 7 days of...