Wang v Botany View Hotel [2021] NSWSC 422

Wang v Botany View Hotel [2021] NSWSC 422

Mr Wang's affidavit did not substantially comply with s 14 because it did not attempt to list all other proceedings he had instituted in Australia or disclose all material facts. His proposed summons disclosed no prima facie ground for the proceedings and, when considered against his extensive prior litigation against Botany View Hotel, the proposed proceedings appeared vexatious. The application therefore had to be dismissed under s 15(1).

Jurisdiction
Australia
Judgment Date
26 April 2021
Procedural Posture
Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / On the Papers
Outcome
Mr Wang's application is dismissed.
Legal Topics
['vexatious Proceedings' 'leave to Institute Proceedings' 'incomprehensible Pleadings' 'prima Facie Grounds']
['civil Procedure'] ['vexatious Proceedings' 'leave to Institute Proceedings' 'incomprehensible Pleadings' 'prima Facie Grounds']

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Procedural Posture

Application for Leave to Institute Proceedings Under the Vexatious Proceedings Act 2008 (nsw) / On the Papers

Legal Issues

  1. 1 ["Whether Mr Wang's application for leave complied with the affidavit requirements in s 14 of the Vexatious Proceedings Act 2008 (NSW)." 'Whether justice required an oral hearing for the leave application.' 'Whether the proposed proceedings had any prima facie ground or were vexatious proceedings.']

Ratio Decidendi

Mr Wang's affidavit did not substantially comply with s 14 because it did not attempt to list all other proceedings he had instituted in Australia or disclose all material facts. His proposed summons disclosed no prima facie ground for the proceedings and, when considered against his extensive prior litigation against Botany View Hotel, the proposed proceedings appeared vexatious. The application therefore had to be dismissed under s 15(1).

Court Disposition

Mr Wang's application is dismissed.

Orders

  • ["Mr Wang's application is dismissed."]