Nina Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWSC 86

Nina Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWSC 86

Because the applicant was subject to a vexatious proceedings order prohibiting the institution of proceedings without leave, and leave was not sought, the notices of motion were proceedings to which section 13 applied and were required to be dismissed by force of the Act.

Jurisdiction
Australia
Judgment Date
10 February 2020
Procedural Posture
Notice of Motion (equity) / Judgment on Motions and Application of Vexatious Proceedings Legislation
Outcome
Applicant's notice of motion (5 December 2019) was declared dismissed by force of statute; amended notice of motion (5 February 2020) was dismissed by court order; applicant to pay respondent's costs.
Legal Topics
['vexatious Proceedings' 'notices of Motion' 'leave to Commence Proceedings' 'costs Orders']
['civil Procedure'] ['vexatious Proceedings' 'notices of Motion' 'leave to Commence Proceedings' 'costs Orders']

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Procedural Posture

Notice of Motion (equity) / Judgment on Motions and Application of Vexatious Proceedings Legislation

Legal Issues

  1. 1 ["Whether the applicant's notices of motion are proceedings to which section 13(2) and (3) of the Vexatious Proceedings Act 2008 (NSW) apply" 'Whether the applicant made an application for leave under the Act to proceed with the notices of motion' 'Whether the notice of motion and amended notice of motion should be dismissed by operation of the Act']

Ratio Decidendi

Because the applicant was subject to a vexatious proceedings order prohibiting the institution of proceedings without leave, and leave was not sought, the notices of motion were proceedings to which section 13 applied and were required to be dismissed by force of the Act.

Court Disposition

Applicant's notice of motion (5 December 2019) was declared dismissed by force of statute; amended notice of motion (5 February 2020) was dismissed by court order; applicant to pay respondent's costs.

Orders

  • ['Declaration that proceedings commenced by the notices of motion are proceedings to which section 13(2) and (3) of the Vexatious Proceedings Act 2008 (NSW) apply.' 'Declaration that the notice of motion filed 5 December 2019 is dismissed by force of section 13(3).' 'Order that the amended notice of motion filed 5...