Vexatious proceedings

Anyone who frequently and persistently takes legal action without reasonable grounds or for improper purposes can be subjected to a vexatious proceedings order under the Vexatious Proceedings Act 2008(the Act)

Section 6 of the Act defines vexatious proceedings:

(a) proceedings that are an abuse of the process of a court or tribunal, and

(b) proceedings instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose, and

(d) proceedings conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.

Which courts can make vexatious proceedings orders?

In New South Wales, the Supreme Court, the Land and Environment Court and the Industrial Court are authorised to make vexatious proceedings orders. The Supreme Court may make orders that impact upon ongoing proceedings in any court or tribunal in New South Wales. However, the Land and Environment Court and the Industrial Court may only make orders concerning proceedings commenced in their own jurisdictions.

Who can apply for an order?

The court can make an order of its own motion or any of the following people can apply to have the order made:

(a) the Attorney General, either on their own or on the recommendation of a judicial officer, member or registrar of a court or tribunal,

(b) the Solicitor General,

(d) a person against or in relation to whom another person has instituted or conducted vexatious proceedings,

(e) with leave of the court, a person who, in the opinion of the court, has a sufficient interest in the matter.

What orders can the court make?

The Supreme Court can make orders that stay all or part of any current New South Wales proceedings and orders that prohibit the person from starting any new proceedings in New South Wales without the Court's leave. The Land and Environment court and the Industrial court can make similar orders but only in relation to proceedings in their courts.

The court can vary or set aside vexatious proceedings orders either on its own motion, on the application of the person subject to the order, or on the application of the person who applied for the order.

An authorised court can also reinstate a vexatious proceedings order if, within 5 years from the date the order was set aside, the person commences or conducts other vexatious proceedings in any Australian Court or Tribunal or acts in concert with another person who starts or conducts vexatious proceedings. The order for reinstatement can only be made by the authorised court responsible for making the original vexatious proceedings order.

Vexatious proceedings may be commenced against numerous different individuals or several proceedings may be commenced against a particular person, who becomes known as the "person aggrieved".

When can a court make an order?

Vexatious proceedings orders can be made if an authorised court is satisfied that a person has frequently started or conducted vexatious proceedings or that a person is acting in concert with a person who is the subject or a vexatious proceedings order.

When deciding to make a vexatious order, the court can look at all proceedings commenced or conducted by that person in any Australian court or tribunal and any orders made in any Australian court or tribunal.

A court cannot make a vexatious proceeding order unless the person concerned has been heard or given the opportunity to be heard.

Notification of orders

All vexatious proceedings orders are published in the Government Gazette and recorded on the Supreme Court's website in the table below.

What happens if new proceedings are commenced contrary to orders?

If a person commences new court proceedings contrary to previous vexatious proceedings orders, the new proceedings will be stayed until they are dismissed. If not dismissed earlier, the court will automatically dismiss the new proceedings after 28 days.

How do I seek leave to commence proceedings if I am subject to a vexatious proceedings order?

To seek leave to commence proceedings you should file

(1) a summons; and

(2) an affidavit that:

(a) lists all occasions you have applied for leave either under section 14 of the Act, section 84 of the Supreme Court Act 1970 or section 70 of the Land and Environment Court Act 1979 (the two pieces of legislation previously governing vexatious proceedings in New South Wales).

(b) lists all other proceedings you have started in Australia, and

(c) discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.

Unless you are ordered to do so, you should not serve the application on any other person.

The court can either grant your application or dismiss it. The court must dismiss your application if your affidavit does not substantially comply with these requirements, if the proceedings are vexatious, or if there are no undeniable ( prima facie) grounds for the proceedings.

Before leave is granted, the court will order the applicant to serve all relevant persons and give such people an opportunity to be heard.

Under section 14(6) of the Act, you may not appeal the court's decision to dismiss your application for leave.

Please note that the normal filing fee on the summons is payable. You may apply to have the fee waived or reduced if you are unable to pay the full fee.

How did the concept of vexatious proceedings develop and where can I find the relevant test?

The test for whether a proceeding is vexatious is set out by Roden J in Attorney General v Wentworth (1988) 14 NSWLR 481 at 491:

1. Proceedings are vexatious if they are instituted with the intention of annoying or embarrassing the person against whom they are brought.

2. They are vexatious if they are brought for collateral purposes, and not for the purpose of having the court adjudicate on the issues to which they
give rise.

3. They are also properly to be regarded as vexatious if, irrespective of the motive of the litigant, they are so obviously untenable or manifestly groundless as to be utterly hopeless.

4. In order to fall within the terms of s 84*:

(a) proceedings in categories 1 and 2 must also be instituted without reasonable ground (proceedings in category 3 necessarily satisfy that requirement);

(b) the proceedings must have been 'habitually and persistently' instituted by the litigant.

*This is a reference to section 84 of the Supreme Court Act 1970. Section 84 was repealed when the Vexatious Proceedings Act commenced on 1 December 2008. You can access historical versions of the Supreme Court Act 1970 from the NSW Legislation website: www.legislation.nsw.gov.au

Is there a register of vexatious litigants and the orders that apply to them?

Individuals that are currently considered vexatious at the Supreme Court of NSW are listed below. The names of these individuals link to information pertaining to the orders made against them.

Individuals (alphabetical) considered vexatious under s 84 of the Supreme Court Act 1970:

Individuals (alphabetical) involved in vexatious proceedings under the Vexatious Proceedings Act 2008:

1. Pursuant to s 9(1) of the Vexatious Proceedings Act 2008 (NSW) vary order 1 made by Patten AJ on 25 February 2005 by removing the words "in any court" and adding the words "in New South Wales" so that the order as amended reads "That Michael Jacob Bar-Mordecai shall not, without leave of this court, institute proceedings in New South Wales."

2. Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW) proceeding 2018/268413 in the NSW Civil and Administration Tribunal Occupational Division are stayed until further order of this Court

3. On the application of Mr Bar-Mordecai the "Notice of Discountenance with Withdrawal" which he filed on 22 August 2018 is to be disregarded and his application by the Summons filed herein on 30 April 2018 for leave to commencing proceedings for medical re-registration is to proceed to determination by a Judge in Chambers.

Name	Date of Order	Order Made By	Order Made
Bar-Mordecai, Michael Jacob	25/02/2005	Acting Justice Patten	Without leave from the Supreme Court of New South Wales, Michael Jacob Bar-Mordecai is restrained from: instituting proceedings in any Court; and continuing any legal proceedings instituted before 25/02/2005. Michael Jacob Bar-Mordecai must give the Crown Solicitor at least three days' notice in writing of any application for leave to institute or continue legal proceedings.
02/11/2018	Justice Fagan
Betts, Craig Andrew	30/09/2004	Justice Hoeben	Pursuant to s84(1) of the Supreme Court Act1970, Craig Andrew Betts is restrained from instituting any legal proceedings, whether civil or criminal, in any court in New South Wales; continuing any legal proceedings, whether civil or criminal, without the leave of this Court. instituting (by himself, his servants or agents) any application in any existing civil or criminal legal proceedings in any court in New South Wales, and instituting (by himself, his servants or agents) any appeal in respect of any legal proceedings, whether civil or criminal, in any court in New South Wales.
Bhattacharya, Pranay Kumar	10/12/2003	Justice Whealy	Pursuant to s84(1) of the Supreme Court Act 1970, without the leave of the Supreme Court of New South Wales, Pranay Kumar Bhattacharya is restrained from: instituting any legal proceedings, whether civil or criminal, in any court in New South Wales; continuing any legal proceedings, whether civil or criminal, instituted by Mr. Bhattacharya before 10/12/2003; instituting (by himself , his servants or agents) any application in any existing civil or criminal legal proceedings in any court in New South Wales, and instituting (by himself , his servants or agents) any appeal in respect of any legal proceedings, whether civil or criminal, in any court in New South Wales.
Cameron, Rita	13/5/2014	Justice Rothman	The summons in matter 2013/366854 be struck out; Pursuant to s 8(7)(c) and s 8(8)(c) of the Vexatious Proceedings Act 2008, Rita Cameron is prohibited, without leave of the Court under s 14 of the Vexatious Proceedings Act 2008, from instituting or conducting proceedings in the State of New South Wales against Qantas Airways Limited or Qantas Limited, or any related corporation, relating to any injury said to be suffered by her in the course of her employment at Qantas Airways Limited and/or Qantas Limited and/or the status or efficaciousness of any judgment or order of the District Court of New South Wales or the Supreme Court of New South Wales relating to any such personal injury, or the settlement thereof; The plaintiff shall pay the defendant's costs of and incidental to the proceedings, including the costs of the motion, notice of which was filed 20 February 2014; Otherwise, proceedings be dismissed.
Gittoes, Russell Graham aka Caldar, Russell	22/04/2005	Justice White	Without leave of the Supreme Court of New South Wales, Russell Graham Gittoes aka Russell Caldar (Mr. Gittoes) is restrained from: instituting any legal proceedings, whether civil or criminal, against the Public Trustee in any court in New South Wales; continuing any legal proceedings, whether civil or criminal, instituted against the Public Trustee before 22/04/2005 in any court in New South Wales; instituting by himself, his servants or agents, any proceedings, whether civil or criminal, against the Public Trustee in any court in New South Wales; making any application by himself, his servants or agents in any legal proceedings, whether civil or criminal already instituted against the Public Trustee in any court of this New South Wales, and instituting by himself, his servants or agents, any appeal or application or leave to appeal in respect of legal proceedings, whether civil or criminal, already instituted against the Public Trustee by the leave of this court.
Jambrecina, Drago	15/11/2002	Justice Levine	Drago Jambrecina is declared a vexatious litigant within the meaning of s84(2) of the Supreme Court Act 1970. Without the leave of the Supreme Court, Drago Jambrecina is restrained from: instituting any legal proceedings against Pyramid Building Society Ltd or Farrow Mortgage Services Pty Ltd in any New South Wales court, and continuing any legal proceedings instituted before 15/11/2002 in any New South Wales court against Pyramid Building Society Ltd and/or Farrow Mortgage Services Pty.
Kanak, Dominic Wy	05/02/2004	Justice O'Keefe	Pursuant to s84(1) of the Supreme Court Act 1970, without the leave of the Supreme Court of New South Wales, Dominic Wy Kanak is restrained from: instituting any legal proceedings in any court, and continuing any legal proceedings instituted before 05/02/2004 with the exception of the proceedings filed in the Court of Appeal on 27/02/2003.
Spautz, Michael Edward	13/06/1990	Justice McInerney	Without the leave of the Supreme Court of New South Wales, Michael Edward Spautz by himself, his servants or agents, is restrained from: instituting any legal proceedings, whether civil or criminal, in any Court in New South Wales; instituting any application in any legal proceedings, whether civil or criminal, already instituted in any Court in New South Wales, and instituting any appeal in respect of any legal proceedings, whether civil or criminal, in any Court in New South Wales. Mr. Spautz must give the Crown Solicitor at least three days' notice of any application for leave.
Tsekouras, Con	05/03/2003 05/06/2007	Justice Palmer Acting Justice Bryson	Pursuant to s84(2) of the Supreme Court Act 1970, without leave from the Supreme Court of New South Wales, Mr. Con Tsekouras is restrained from: instituting any legal proceedings against Vivieca Evangelinidis in any court, and continuing any legal proceedings instituted before 5/3/2003 against Vivieca Evangelinidis in any court. Pursuant to s84(2) of the Supreme Court Act 1970, without leave from the Supreme Court of New South Wales, Con Tsekouras is restrained from: instituting any legal proceedings against Peter Olsen in any court, and continuing any legal proceedings instituted before 05/06/2007 against Peter Olsen in any court.
West, Raymond Stanley	19/11/1992	Justice Newman	Raymond Stanley West is declared a vexatious litigant within the terms of s84(1) of the Supreme Court Act 1970. Without the leave of the Supreme Court of New South Wales, Raymond Stanley West by himself, his servants or agents, is restrained from: instituting any legal proceedings, whether civil or criminal, in any court in New South Wales; continuing any legal proceedings, whether civil or criminal, in any court in New South Wales, and taking any step to institute or continue any legal proceedings, whether civil or criminal, in any court in New South Wales.
Witt, Frank Raleigh	21/12/2006	Justice Rothman	Frank Raleigh Witt is declared a vexatious litigant within the meaning of s84(2) of the Supreme Court Act 1970. Without the leave of the Supreme Court, Frank Raleigh Witt is restrained from: instituting proceedings against Kenneth Alan Cox in any Court; and continuing any legal proceedings against Kenneth Alan Cox instituted before 21/12/2006.

Order under s 8(7) of the Vexatious Proceedings Act 2008 (NSW) that Peter James Batterham be prohibited from instituting proceedings in New South Wales against Marcel Andre Nauer.

1. Appeal allowed.

2. Orders 3 and 4 made by Pembroke J on 18 June 2018 should be set aside.

3. Reasons to be published.

The Court makes orders in accordance with the document titled Short Minutes of Order which are initialled by Kunc J, dated today and placed with the papers:

1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), that Angelo Ferella be, from the date of this order, prohibited from instituting or conducting any proceedings against the Official Trustee in Bankruptcy, in his own name, or in the names of Gustavo Ferella or Riva NSW Pty Ltd (ACN 113 881 815).

2. The defendant, and Riva NSW Pty Ltd (ACN 113 881 815), pay the plaintiff's costs as agreed or assessed.

1. Adriana Kostov is prohibited from instituting proceedings in New South Wales.

2. The Registry of the Supreme Court is not to accept for filing, either online or in person, any document from Adriana Kostov in any proceeding which has already been commenced by her in any Division of the Supreme Court as at the date of these orders.

3. Any application pursuant to s 9 of the Vexatious Proceedings Act to vary these orders, to permit Adriana Kostov to file a document in a proceeding which has been commenced prior to this date, is to be made by notice of motion in the affected proceeding, supported by evidence and/or argument in writing. Any such application with respect to Common Law Division proceedings to be referred to the Common Law Division Civil List Judge.

4. Any application by Adriana Kostov pursuant to s 14 of the Vexatious Proceedings Act 2008 for leave to institute fresh proceedings in the Common Law Division of this Court is upon filing, is to be referred to the Common Law Division Civil List Judge, and any application for leave to institute fresh proceedings in the Equity Division is to be referred to the Chief Judge in Equity.

(2) The Defendant Ki Bun Kwon is prohibited from lodging or seeking to lodge caveats against properties in Folio Identifiers 2/523340, 22/6867, 2/SP18039, 1/SP56343, 2/SP56343, 3/SP56343, 5/SP56343 and 6/26171 without the leave of this Court.

** The consequence of Order 3 made above is that Order 2 made by HH Justice Fagan on 7 August 2019 (see below) no longer applies:

(2) The defendant, Nader Nabil Sedra Mohareb, is prohibited from instituting any new proceeding against any person in New South Wales, this order not to affect the filing of any interlocutory process in proceedings that have been commenced at the date of this order or any appeal or application for leave appeal from a decision in any such proceeding.

(1) Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008 (NSW), any interlocutory proceedings in proceeding 2015/158685 in the Court of Appeal, including notice of motion filed 8 August 2017 be stayed.

(2) Refuse leave to the applicant to serve the notice to produce dated 21 September 2017 directed to the third respondent.

2015/48269:

(3) Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008 (NSW), any interlocutory proceedings in proceeding 2015/48269 in the Court of Appeal, including notice of motion filed 8 August 2017 be stayed.

2015/67618:

(4) Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008 (NSW), any interlocutory proceedings in proceeding 2015/67618 in the Court of Appeal, including notice of motion filed 8 August 2017 be stayed.

2015/158685, 2015/67618 and 2015/48269:

(5) Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), Mr Michael Quach is prohibited from instituting any further proceedings in New South Wales relating to the subject matter of proceedings 1420086 and 1420065 in the New South Wales Civil and Administrative Tribunal (NCAT) (entitled "Health Care Complaints Commission v Quach") or relating to proceedings 2015/158685, 2015/67618 and 2015/48269 in the New South Wales Court of Appeal.

1. Pursuant to rule 13.4 of the Uniform Civil Procedure Rules 2005 (NSW), the proceedings are dismissed.

2. Pursuant to section 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), Robert Sebie is prohibited from instituting proceedings in New South Wales:

a. against:

i. Bresic Whitney Group Holdings Pty Limited, its subsidiaries, its agents, staff and consultants; and

ii. Adrian Oddi

b. relating to or in any way connected with the sale of property situated at 11 Tutt Crescent, Chiswick NSW 2046.

3. For the avoidance of doubt, nothing in Order 2 prohibits Robert Sebie from instituting proceedings within the meaning of the Vexatious Proceedings Act 2008 (NSW):

a. in any criminal proceedings brought against him as an accused;

b. seeking relief in the nature of a writ of habeas corpus;

c. appeal against this judgment.

4. The Plaintiff pay the Defendants' costs of this motion and these proceedings on an indemnity basis and such costs are payable forthwith.

5. Orders to be entered forthwith.

1. Appeal allowed.

2. Orders 3 and 4 made by Pembroke J on 18 June 2018 should be set aside.

3. Reasons to be published.

Name	Date of Order	Order Made By	Order Made
Altaranesi, Tareq	15/02/2013	Justice Slattery	Except to the extent provided for in order (3), all and every part of proceedings brought by Tareq Altaranesi in New South Wales are stayed. Tareq Altaranesi is prohibited from instituting proceedings in New South Wales without leave of the Court. Tareq Altaranesi may continue to conduct the proceedings No. 2012/00337720 in the Local Court up to judgment or other resolution at first instance.
Batterham, Peter James	19/03/20	Justice Hammerschlag
Budd, Pamela Joan Theresa	19/4/2013	Justice Hall	Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Pamela Joan Theresa Budd is ;prohibited from instituting proceedings in New South Wales other than with leave of the an appropriate court under the Act. Subject to Note1, the defendant is to pay the plaintiff's costs on the ordinary basis. The defendant's application under the Court Suppression and Non-Publication Orders Act 2010 is refused.
Chan, Yau Hang	04/11/2011	Justice Adamson	Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, the Defendant is prohibited from instituting proceedings in New South Wales without leave of the Court. Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008, all of the proceedings in New South Wales already instituted by the Defendant be stayed.
Clarke, Sharmain Daisy	09/02/2021	Acting Justice Schmidt	Pursuant to the Vexatious Proceedings Act 2008, s 8(7)(b) the Defendant is prohibited from instituting proceedings in NSW against or relating to: (a) the South Eastern Sydney Local Health District (and its statutory predecessors and successors), its staff, consultants, executive officers and agents in relation to any matter arising from the Defendant's employment; (b) the Nursing and Midwifery Council of New South Wales and the Health Professional Councils Authority, their staff, consultants, executive officers and agents, in relation to any matter arising from the Defendant's professional practice (except with the consent of the Nursing and Midwifery Council); (c) the subject matter of proceedings brought in the following proceedings: Tribunals (i) Sharmain Naicker and NSW Health Service - Government of New South Wales for South Eastern Sydney Illawarra Area Health Service - Matter No. IRC 427 of 2008. (ii) Sharmain Naicker and South Eastern Sydney Local Health District - Matter No. IRC 927 of 2014. (iii) Sharmain Naicker and South Eastern Sydney Local Health District - Matter No. IRC 318 of 2015. (iv) Fair Work Commission Proceedings No: 2016/4065 - Sharmain Naicker v South Eastern Sydney Local Health District t/as Royal Hospital for Women. (v) Civil and Administrative Tribunal of New South Wales File No: 2017/25026 - Sharmain Clarke v South Eastern Sydney Local Health District. (vi) Civil and Administrative Tribunal of New South Wales File No 2020/32150 - Sharmain Daisy Clarke v Nursing and Midwifery Council of New South Wales. (vii) Civil and Administrative Tribunal of New South Wales File No: 2019/00126124 (subject to restriction pursuant to s 64 (1) of the Civil and Administrative Tribunal Act (NSW) 2013 that the name of the applicant is not to be published). Local Court of New South Wales (viii) Local Court Case No: 2019/285426 - Sharmain Daisy Clarke v Violet Stojkova and Hicksons Lawyers. District Court of New South Wales (ix) District Court Case No: 2016/245332 - Sharmain Daisy Clarke v Susan Dale. (x) District Court Case No: 2017/350767 - Sharmain Daisy Clarke v Julie Herrick. (xi) District Court Case No: 2018/113261 - Sharmain Daisy Clarke v Nursing and Midwifery Council of New South Wales. (xii) District Court Case No: 2018/120717 - Sharmain Daisy Clarke v South Eastern Sydney Local Health District and Nursing and Midwifery Council of New South Wales. (xiii) District Court Case No: 2018/277318 - Sharmain Daisy Clarke v Maria Fenn. (xiv) District Court Case No: 2019/134260 - Sharmain Daisy Clarke v Julie Herrick and South Eastern Sydney Local Health District. (xv) District Court Case No: 2020/128851 - Sharmain Daisy Clarke v Hicksons Lawyers. (xvi) District Court Case No: 2020/199084 - Sharmain Daisy Clarke v South Eastern Sydney Local Health District. Supreme Court of New South Wales (xvii) Supreme Court Case No: 2017/101668 - Sharmain Daisy Clarke v South Eastern Sydney Local Health District and Julie Herrick. Federal Circuit Court (xviii) Federal Circuit Court proceedings SYG1333/2018 - Sharmain Daisy Clarke v South Eastern Sydney Local Health District, Vanessa Madunic, Gerry Marr, Julie Herrick, and Maria Fenn. (xix) Federal Circuit Court proceedings SYG3310/2018 - Sharmain Daisy Clarke v Nursing and Midwifery Council of New South Wales, Nursing and Midwifery Board, New South Wales Nurses and Midwives Association and Violet Stojkova. (xx) Federal Circuit Court Case number SYG160/2020 - Sharmain Daisy Clarke v Julie Herrick, Virginia King, Susan, Dale, Bronwyn Hickman, Lesley Finn, Maria Fenn, Annette Wright and South Eastern Sydney Local Health District (incorrectly sued as Royal Hospital for Women). Federal Court of Australia (xxi) Federal Court Case No: NSD166/2019 - Sharmain Daisy Clarke v Nursing and Midwifery Council of New South Wales. (xxii) Federal Court Case No: NSD167/2019 - Sharmain Daisy Clarke v South Eastern Sydney Local Health District. (xxiii) Federal Court Case No: NSD691/2019 - Sharmain Daisy Clarke v Susan Dale. (xxiv) Federal Court Case No: NSD1295/2019 - Sharmain Daisy Clarke v Nursing and Midwifery Council of New South Wales, Nursing and Midwifery Board, New South Wales Nurses and Midwives Association and Violet Stojkova. (xxv) Federal Court Case No: NSD34/2020 - Sharmain Daisy Clarke v Nursing and Midwifery Council of New South Wales, Nursing and Midwifery Board, NSWNMA and Violet Stojkova. (xxvi) Federal Court Case No: NSD1880/2019 - Sharmain Daisy Clarke v South Eastern Sydney Local Health District. (xxvii) Federal Court Case No: NSD1881/2019 - Sharmain Daisy Clarke v Nursing and Midwifery Council of New South Wales. (xxviii) Federal Court Case No: NSD1882/2019 - Sharmain Daisy Clarke v Susan Dale. (2) Pursuant to the Vexatious Proceedings Act 2008, s 8(7)(a) the following District Court of NSW proceedings are stayed: - (a) Sharmain Daisy Clarke v Hicksons Lawyers (2020/128851); and (b) Sharmain Daisy Clarke v Dr Adams & Ors (2020/294918) insofar as those proceedings concern Anthony Samuels and Karen Arnold. Costs: I order that Ms Clarke bear the Health District and Council's costs, as agreed or assessed. Unless the parties approach to be heard in respect of costs within 14 days, that will be the Court's order.
Collier, Marion Louise	06/07/2022	Justice Cavanagh	Without leave of the Supreme Court of New South Wales, Marion Louise Collier is prohibited from instituting proceedings in New South Wales.
Croker, Clayton Robert	22/07/2010	Justice Fullerton	Pursuant to s.8(7) (b) of the Vexatious Proceedings Act 2008, Clayton Robert Croker is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act. Any legal proceedings instituted by Clayton Robert Croker in any court or tribunal in New South Wales before the date of this order are hereby stayed.
De Varda, Joseph	18/06/18	Pembroke J
Ferella, Angelo	04/03/2022	Justice Kunc	[2022] NSWSC 153
Fleet, Robert	26/02/2010	Justice Pain (Land and Environment Court)	Dr Robert Fleet is prohibited from instituting any proceeding in the Land and Environment Court against Blacktown City Council without the leave of a judge.
Fokas, Maria (see also below for further orders issued 28 February 2018)	01/06/2010	Justice Fullerton	1. The plaintiff is prohibited from instituting fresh proceedings in any court against any of the defendants without first obtaining leave under s. 14 of the Vexatious Proceedings Act, 2008. 2. The plaintiff is prohibited from making any application in any legal proceedings involving any of the defendants without first obtaining leave under s. 14 of the Vexatious Proceedings Act, 2008. 3. The plaintiff pay the defendants costs as agreed or assessed of the defendants' motions and of the plaintiff's motion. The defendants in question in this matter include the following: Dr Jeffrey G Stack Defendant 1 Dr Roderick Christou Defendant 2 Dr Abdulla Saadi Defendant 3 Dr Joseph C Y Lee Defendant 4
Fokas, Maria	06/03/2018	Justice Fagan	His Honour Justice Fagan made orders on 28 February 2018 in Supreme Court proceedings 2016/00213128 David Ian Mansfield as Trustee of the Bankrupt Estate of Maria Fokas v Maria Fokas in the following terms: 1. The notices of motion filed by Ms Fokas on 12 December 2017, 13 December 2017, 21 December 2017, 27 December 2017 and 28 February 2018 are dismissed. 2. Ms Fokas is to pay the costs of the respondents to those notices of motion. 3. Ms Fokas' application for a stay of these orders is refused. 4. Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW) Maria Fokas is prohibited from instituting proceedings in New South Wales.
Gargan, Peter Alexander	01/11/2010	Justice Davies	Pursuant to s 8(7)(b) Vexatious Proceedings Act 2008 Peter Alexander Gargan is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act. Any legal proceedings instituted by Peter Alexander Gargan in any court or tribunal in New South Wales before the date of this order are hereby stayed. Order that Peter Alexander Gargan is not to be allowed to file and is hereby restrained from filing and also from serving any Notice of Motion in any proceedings currently before any court or tribunal in New South Wales, and is not to be allowed to make and is hereby restrained from making any oral application in such proceedings without the leave of a judge of an appropriate court under that Act.
Jarvie, Russell Alan	18/12/2014	Justice McCallum	Her Honour Justice McCallum made orders in matter 2014/00360603 Michael John Morris Smith v Russell Alan Jarvie and Mark Roufeil in the following terms: Make orders 1,2,3 set out in paragraph 34 of my judgment given on 18 December 2014, Smith v Jarvie [2014] NSWSC 1823. 1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, the first defendant, Russell Alan Jarvie, is prohibited from instituting proceedings in New South Wales without leave of a Judge of the Court. 2. The first defendant pay the plaintiff's costs on the indemnity basis as agreed or assessed. 3. Until further order, the second defendant be restrained from distributing the surplus of the first defendant's bankrupt estate until the plaintiff's costs of these proceedings are paid.
Klewer, Lucy Patricia	05/02/2010	Justice Harrison	Until further order: 1. the defendant shall not, without the leave of the Court, institute any legal proceedings in any Court. 2. any legal proceedings instituted by the defendant before the making of order (1) shall not be continued without the leave of the Court. 3. The defendant pay the plaintiff's costs of the proceedings.
Kostov, Adriana	19/11/18	Justice Fagan
Kwon, Ki Bun	12/10/16	Justice Davies	His Honour Justice Davies made the following Orders in case 2016/00271489 Peter Charles O'Neill v Kwon Ki Bun: Decision reserved. INTERLOCUTORY ORDERS MADE 1. Pursuant to s 8 (7)(c) of the Vexatious Proceedings Act 2008 the Defendant is restrained from instituting any proceedings against the Plaintiff Peter Charles O'Neill until further order of the Court. 2. Defendant is restrained from lodging caveats against properties listed in the Schedule to the Amended Summons.
Kwon, Ki Bun	07/12/16	Justice Davies
Liprini, Allan Stephen	05/12/2011	Justice Adamson	Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Mr Liprini is prohibited from instituting proceedings in New South Wales without leave of the Court. Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008, all of the proceedings in New South Wales already instituted by Mr Liprini be stayed.
Macatangay, Miguela Alvarez	15/11/2012	Justice Macfarlan Acting Justice Sackville Acting Justice Tobias	Pursuant to s 8(7) of the Vexatious Proceedings Act 2008: (a) all proceedings in New South Wales already instituted by the applicant in matters Nos 20144 of 2005 and 269316 of 2005 ("the Matters") be stayed; and (b) the applicant be prohibited from instituting any further proceedings in New South Wales relating to any of the claims or complaints made by her in the Matters.
Mahmoud, Tosson	24/9/15	Justice Rothman	(1) Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Mr Tosson Mahmoud is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act; (2) Pursuant to s 8(7)(a) of the Vexatious Proceedings Act, any legal proceedings instituted by Mr Tosson Mahmoud in any court or tribunal in New South Wales before the date of this order are hereby stayed. Orders, by Consent, were made on 13 April 2016 by Court of Appeal Registrar Riznyczok in the following terms: By consent. 1. Order 2 made on 24 September 2015 staying all proceedings pending before that date is vacated.
Markisic, Dragan	13/11/14	Justice Schmidt	1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), Mr Dragan Markisic is prohibited from instituting proceedings in New South Wales without leave of the Court. 2. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), the cross-claim already instituted by Mr Dragan Markisic be stayed. 3. Mr Dragan Markisic is to bear the Attorney General's costs of the proceedings brought against him in this case, as agreed or assessed.
Martin, Anthony Gilbert	17/9/15	Justice Simpson	Her Honour Justice Simpson made orders in matter 2012/00217369 Attorney General of NSW v Anthony Gilbert Martin in the following terms: (1) That, pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008 (NSW), all of the proceedings in New South Wales already instituted by the defendant be stayed; (2) That, pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, the defendant be prohibited from instituting proceedings in New South Wales without leave of the Court.
Mehajer, Salim	02/06/22	Justice Lindsay	On 2^nd June 2022, His Honour Justice Lindsay made the following Orders in Supreme Court of NSW case 2020/00108037 Salim Mehajer v SC Lowy Primary Investments Pty Ltd under the Vexatious Proceedings Act 2008 (NSW): 1. NOTE the reasons for judgment published on 27 May 2022 as [2022] NSWSC 689. 2. ORDER that the proceedings initiated by the plaintiff's statement of claim filed on 9 April 2020 be stayed until further order. 3. ORDER, pursuant to section 8(7)(b) of the Vexatious Proceedings Act 2008 NSW, that the plaintiff, by himself his servants or agents, be prohibited from instituting any proceedings, other than procedural applications in criminal proceedings, in any New South Wales court or tribunal, either in his own name or in the name any other person or company, other than with the prior leave of a Judge of this Court under the Act. 4. ORDER, pursuant to section 8(7)(c) of the Vexatious Proceedings Act 2008 NSW, that the plaintiff, by himself his servants or agents, be prohibited from serving on any other person any document purporting to be an originating process unless it is accompanied by a copy of the signed order of a Judge of this Court granting leave for him to institute proceedings by that originating process. 5. NOTE that, for the purpose of these orders, the plaintiff is to be taken to do something in the name of another person or company if he signs any document in the name of, or purportedly on behalf of, any other person or company, or files, or causes it to be filed, with a court or tribunal, or makes any oral application to any court or tribunal in the name of, or purportedly on behalf of, any other person or company. 6. NOTE that these orders do not prevent the plaintiff's trustee in bankruptcy from commencing any proceedings in the plaintiff's name or on the plaintiff's behalf. 7. ORDER that the plaintiff pay the costs of the defendants in the proceedings, as agreed or assessed. 8. ORDER that these orders be entered forthwith.
Mohareb, Nader Nabil Sedra	11/12/20	Court of Appeal
Mohareb, Nader Nabil Sedra	07/08/19	Justice Fagan	(1) The defendant, Nader Nabil Sedra Mohareb, is prohibited from instituting any proceeding against the plaintiff, Matthew Palmer, in New South Wales. (2) The defendant, Nader Nabil Sedra Mohareb, is prohibited from instituting any new proceeding against any person in New South Wales, this order not to affect the filing of any interlocutory process in proceedings that have been commenced at the date of this order or any appeal or application for leave appeal from a decision in any such proceeding. (3) The defendant's amended notice of motion filed 12 April 2019 is dismissed. * Other ancillary orders were made and are available in the judgment Palmer v Mohareb [2019] NSWSC 975
Potier, Malcolm Huntley	13/5/15	Court of Appeal	On 13 May 2015, the Court of Appeal allowed an appeal appeal in part and varied those orders made by McCallum J (see below) by setting aside order 1 and varying order 2 to include a pending application under the Crimes (Appeal and Review) Act 2001. The orders now effective against Mr Potier as made by the Court of Appeal are: "That, pursuant to section 8(7)(a) of the Vexatious Proceedings Act, any proceedings already instituted by the defendant in New South Wales except his appeal proceedings pending in the New South Wales Court of Criminal Appeal numbered 2005/14700 and any interlocutory proceedings in that appeal and any application under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) be stayed."
Potier, Malcolm Huntley	25/02/2014	Justice McCallum	Her Honour Justice McCallum made orders 25 February 2014 in matter 2011/00344959 The Attorney General in and for the State of New South Wales v Malcolm Huntley Potier in the following terms: (1) That, pursuant to section 8(7)(b) of the Vexatious Proceedings Act, the defendant be prohibited from instituting proceedings in New South Wales except interlocutory proceedings in his appeal proceedings pending in the New South Wales Court of Criminal Appeal numbered 2005/14700 (including any bail application). (2) That, pursuant to section 8(7)(a) of the Vexatious Proceedings Act, any proceedings already instituted by the defendant in New South Wales except his appeal proceedings pending in the New South Wales Court of Criminal Appeal numbered 2005/14700 and any interlocutory proceedings in that appeal be stayed. (3) Grant liberty to the Attorney General to re list the matter either by contacting my associate or the list clerk to determine the issue of the costs of the proceedings.
Quach, Michael Van Thanh	20/10/17	Court of Appeal
Rahman, Mohammad Tabibar	10/02/2014	Justice Adams	Orders made pursuant to s 8 of the Vexatious Proceedings Act 2008 (NSW): (1) Mr Rahman is prohibited from instituting proceedings in New South Wales without first obtaining leave of the Court; (2) no further steps are to be taken by Mr Rahman in any proceeding already instituted by him in New South Wales without leave of the Court; (3) all proceedings already instituted by Mr Rahman in New South Wales are stayed pending leave of the Court to proceed; (4) the defendant is to pay the plaintiff's costs.
Rouvinetis, Evangelos	12/6/2012	Justice Adams	Orders made pursuant to s 8(7) of the Vexatious Proceedings Act 2008: 1. The defendant is prohibited from instituting proceedings in any tribunal or court in New South Wales without leave of this Court. 2. All of the proceedings in New South Wales already instituted by the defendant, with the exception of an appeal, if any, from the decision in Rouvinetis v Knoll [2011] NSWSC 1352 are stayed.
Satchithanantham, Thambiappah (Mr)	11/09/2012	Justice Garling	Pursuant to s 8(1) of the Vexatious Proceedings Act 2008, Order that: (1) Mr Thambiappah Satchithanantham be, and hereby is, prohibited from instituting proceedings whether by way of final relief, or by interlocutory motion, or application in New South Wales, whether in his own name, or in the name of any other individual, or corporation, or legal entity. (2)Mrs Hemelathasothy Satchithanantham be, and hereby is, prohibited from instituting proceedings whether by way of final relief, or by interlocutory motion, or application in New South Wales, whether in her own name or in the name of any other individual, or corporation or legal entity. (3)Order both Mr Satchithanantham and Mrs Satchithanantham pay the National Australia Bank's costs of the proceedings.
Satchithanantham, Hemelathasothy (Mrs)	11/09/2012	Justice Garling	Pursuant to s 8(1) of the Vexatious Proceedings Act 2008, Order that: (1) Mr Thambiappah Satchithanantham be, and hereby is, prohibited from instituting proceedings whether by way of final relief, or by interlocutory motion, or application in New South Wales, whether in his own name, or in the name of any other individual, or corporation, or legal entity. (2) Mrs Hemelathasothy Satchithanantham be, and hereby is, prohibited from instituting proceedings whether by way of final relief, or by interlocutory motion, or application in New South Wales, whether in her own name or in the name of any other individual, or corporation or legal entity. (3)Order both Mr Satchithanantham and Mrs Satchithanantham pay the National Australia Bank's costs of the proceedings.
Sebie, Robert	06/06/22	Justice Rothman
Sebie, Robert (First Defendant) Ronald Jemmott (Second Defendant) One T Development Pty Ltd (ACN 632 081 853) (Third Defendant) Enterprise ICT Pty Ltd (ACN 169 428 988) (Fourth Defendant) Enterprise INT Pty Ltd (ACN 604 743 740) (Fifth Defendant)	15/05/23	Justice Williams	In the matter of ENA Development Pty Ltd (in liquidation) (ACN 105 235 363), Case # 2023/107422: (1) Order pursuant to s 8 of the Vexatious Proceedings Act 2008 (NSW) that the defendants (by themselves, or by their servants or agents) are prohibited from instituting any proceedings in New South Wales, including by filing any application, interlocutory process, or notice of motion in any existing proceedings in New South Wales, either in their own name or in the name of any other person, against: (a) Peter Krejci in his capacity as liquidator of ENA Development Pty Ltd (ACN 105 235 363) (in liq) (the Liquidator); (b) ENA Development Pty Ltd (ACN 105 235 363) (in liq); (c) any current or former director, employee, agent, or consultant of the Liquidator's firm, BRI Ferrier; and (d) any current or former director, employee, agent, or consultant of the plaintiffs' solicitors in these proceedings, ERA Legal, relating to or in any way connected with the winding up of ENA Development Pty Ltd (ACN 105 235 363) (in liq), without first obtaining leave of this Court, save that this order does not prohibit the first, second and third defendants, as the applicants for leave to appeal in Court of Appeal proceedings 2023/115895, from filing a notice of appeal in those proceedings strictly in accordance with the terms of any grant of leave to appeal that may be made by the Court of Appeal in those proceedings. (2) Order that the plaintiffs' claims for relief in the Amended Originating Process are otherwise dismissed, save for the claim for costs which is reserved for further consideration. (3) Order that the first defendant's notice of motion filed on 26 April 2023 is dismissed, reserving the question of costs.
Seidler, Kathryn	17/10/19	Justice Sackar	1. Pursuant to s 8(7) of the Vexatious Proceeding Act 2008 (NSW) (the Act) the proceedings, to the extent they have not already been dismissed, be stayed. 2. Pursuant to s 8(7) of the Act, the Plaintiff, Ms Kathryn Seidler, is prohibited from initiating proceedings in New South Wales against the following persons without leave of the Court as required by s 14 of the Act: a. the First Defendant - Monash IVF Pty Ltd; b. the Second Defendant - Monash IVF Group Ltd; c. any employee, director or officer of Monash IVF Pty Ltd and Monash Group Ltd; d. the legal representatives of the First and Second Defendants, being Colin Biggers & Paisley (and any of its partners, directors, employees and solicitors) and Mr Callan O'Neill of Counsel. 3. The Plaintiff pay the First and Second Defendants' costs of the proceedings including the costs of the Motion filed 14 September 2018. 4. The Notice of Motion filed by the First and Second Defendant on 14 September 2018 be otherwise dismissed. 5. These orders be entered forthwith.
Singh, Jagjit	04/11/2013	Justice Slattery	Pursuant to s 8 of the Vexatious Proceedings Act 2008, Jagjit Singh is prohibited from instituting proceedings in New South Wales, without the leave of the Court, against the first defendant, The Owners-Strata Plan No 11723 and the third defendant, Mr Terry Grant Van Der Velde and stay existing proceedings against them
Stankovic, Milovan	05/05/17	Justice Schmidt	Order made under s 8(7) of the Vexatious Proceedings Act 2008 (NSW) that: (1) Milovan (Michael) Stankovic is prohibited from instituting any proceedings in New South Wales: (a) which are inconsistent with the findings that: (i) the orders made by the Land and Environment Court in proceedings 41243 of 2004 and 2016/00166961 were validly made; or (ii) the sequestration order made in respect of the estate of Milovan (Michael) Stankovic on 12 May 2009 was valid or enforceable; or (iii) the property known or previously known as Lots 1, 2, 4-12 inclusive in deposited plan 1169214, situated at and known as 85-95 Presidents Rd, Kellyville 2155 in the State of New South Wales (Kellyville Property), was validly transferred to Namul Pty Ltd. (b) making any claim in relation to, or alleging loss caused by or misconduct by any person in relation to: (i) orders made against him by the Land and Environment Court in proceedings 41243 of 2004; or (ii) the conduct by The Hills Shire Council or any other person in the course of proceedings between Milovan (Michael) Stankovic and the Hills Shire Council; or (iii) the sequestration order made on 12 May 2009; or (iv) the sale of the Kellyville Property. (2) Proceedings 2016/00166961 in the New South Wales Land and Environment Court are stayed. (3) The usual order as to costs is that they follow the event. That would be an order that Mr Stankovic is to bear the Council's costs as agreed or assessed. Unless the parties approach to be heard on the question of costs within 14 days, that will be the Court's order.
Teoh, Elaine	14/04/14	The Court of Appeal (constituted by Beazley P; Emmett JA; Sackville AJA)
Tov-Lev, Rabbi Samuel	18/06/18	Pembroke J
Viavattene, Beverley Georgina	25/3/2013	Justice Fullerton	Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Beverley Georgina Viavattene is prohibited from instituting proceedings in New South Wales other than with the leave of an appropriate court under the Act. Any legal proceedings instituted by Beverley Georgina Viavattene in any court or tribunal in New South Wales before the date of this order are hereby stayed.
Viavattene, Peter Steven	13/3/15	Justice M Beazley, President of the Court of Appeal, Justice J Basten and Justice M Leeming	(1) Appeal allowed. (2) Set aside the orders made on 26 March 2014, and in lieu thereof, order that pursuant to s 8(7)(c) of the Vexatious Proceedings Act 2008 (NSW) Mr Viavattene is prohibited from instituting proceedings in New South Wales which are inconsistent with the finding that, following its realignment in about 11 November 2010, the access track to adjoining land no longer encroaches upon the property known as 1520 Numinbah Road, Chillingham.
Viavattene, Peter Steven	3/7/14	Justice Basten	The Court of Appeal (constituted by Basten JA, Tobias AJ) did on 3 July 2014 vary orders made by Justice Bellew (see below) in the following terms: Pending the hearing and determination of the appeal, and pursuant to s 9 of the Vexatious Proceedings Act, order that the orders made by Bellew J on 26 March 2014 be varied so as not to apply to any appeal or application for leave to appeal from any conviction, sentence or order leading to imprisonment or to any application for bail.
Viavattene, Peter Steven	27/3/2014	Justice Bellew	His Honour Justice Bellew today made orders in matter 2012/00323996 Attorney General in and for the State of NSW v Peter Steven Viavattene in the following terms: (1) Pursuant to s. 8(7)(b) of the Vexatious Proceedings Act 2008 NSW, the defendant is prohibited from instituting proceedings in New South Wales, without the leave of the court. (2) Pursuant to s. 8(7)(a) of the Vexatious Proceedings Act 2008 NSW, all proceedings in New South Wales which are already instituted by the defendant, are stayed. (3) The defendant is to pay the plaintiff's costs.
Wang, Yun Fu	19/12/17 01/10/19	Justice McCallum Justice Adamson	Her Honour Justice McCallum J on 19 December 2017 in Supreme Court proceedings 2017/00071166 Michael John Vaughan trading as Johnston Vaughan v Yun Fu Wang made orders under the Vexatious Proceedings Act as follows: (1) Any proceedings already instituted by Mr Wang against Mr Vaughan be stayed; (2) Mr Wang be prohibited from instituting proceedings naming Michael Vaughan, Amil Dlakic or Johnston Vaughan as a party; and (3) the defendant is to pay the plaintiff's costs. The proceedings be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW). Pursuant to s 9(1) of the Vexatious Proceedings Act 2008 (NSW), vary order (2) made by McCallum J on 19 December 2017 in proceedings 2017/71166 by removing the words "naming Michael Vaughan, Amil Dlakic or Johnston Vaughan as a party" and adding the words "in New South Wales, without leave of the Supreme Court of New South Wales" so that the order, as amended reads: "That Mr Wang be prohibited from instituting proceedings in New South Wales without leave of the Supreme Court of New South Wales."
Williamson, Hugh Francis Arthur	08/10/21	Justice Campbell	On the motion filed by the Rural Bank Limited and the Bendigo and Adelaide Bank Limited on 30 October 2019: On the notice of motion filed by Elders Rural Services Australia Limited on 3 February 2020: The plaintiff to pay the costs of the first, second, third and fourth defendants.
23/09/2010	Justice Davies	John Wilson is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court pursuant to s 8(7)(b) Vexatious Proceedings Act 2008. Any legal proceedings instituted by John Wilson in any court or tribunal in New South Wales before the date of this order are hereby stayed. He is not to be allowed to file and is hereby restrained from filing and also from serving any Notice of Motion in any proceedings currently before any court or tribunal in New South Wales, and is not to be allowed to make and is hereby restrained from making any oral application in such proceedings without the leave of a judge of an appropriate court under that Act.
Zepinic, Vitomir Zepinic, Nina Zepinic, Milla	25/05/17	Justice Pembroke	Orders made by Justice Pembroke aginst all three parties in both proceeedings are attached. (PDF, 169.0 KB)

Last updated:

26 Oct 2023