Supreme Court of New South Wales

Individuals involved in vexatious proceedings

Information alert

The following table is available in PDF format.

Surname
Given Name(s)
File Number
Date of Order
Order Made

Abrams

Thomas Andrew


Rothman J
05/10/2007

Pursuant to s23 of the Supreme Court Act, Justice Rothman orders that Mr. Thomas Abrams be restrained from commencing any proceedings against the following people:
1. Dr. Neil Shepherd & Ors
2.  Robert Cornall
3. Phillip Ruddock
4.  Audrey Pereira
5. Jeevani Korathota
6.  Nan Levett
7. Hon Prime Minister, John Howard.

Altaranesi

Tareq

2012/126206

Slattery J

15/2/13

  1. Except to the extent provided for in order (3), all and every part of proceedings brought by the defendant in New South Wales are stayed.
  2. The defendant is prohibited from instituting proceedings in New South Wales without leave of the Court.
  3. The defendant may continue to conduct the proceedings no. 2012/337720 in the Local Court up to judgment or other resolution at first instance.
Arjunan Kannapiran Chinna 2022/00365344 24/05/24

On 24th May 2024, Chief Justice Bell, Justice Kirk and Acting Justice Griffiths, made the following Orders in matter 2022/00365344 Kannapiran Chinna Arjunan v Neighbourhood Association D.P. No 285853 (NHA DP 285853) under the Vexatious Proceedings Act 2008 (NSW):

The Court orders:

  1. Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW), order that Mr Kannapiran Chinna Arjunan and Ms Thangam Kannapiran are prohibited from instituting proceedings in the Supreme Court of New South Wales including in the Court of Appeal against the Neighbourhood Association DP No 285853 or its managing agent, O’Connors Strata & Property Specialists Pty Ltd, in respect of the matters litigated in Arjunan v Neighbourhood Association DP No 285853 (No 3) [2022] NSWSC 1524, the interlocutory decisions related to that decision (Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 691, Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 746 and Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 1663), the following decisions (Arjunan v Neighbourhood Association DP No 285853 [2023] NSWCA 103, Arjunan v Neighbourhood Association DP No 285853 (No 2) [2023] NSWCA 176, Arjunan v Neighbourhood Association DP No 285853 (No 3) [2023] NSWCA 266 and Arjunan v Neighbourhood Association DP No 285853 (No 4) [2023] NSWCA 329) and Arjunan v Neighbourhood Association DP No 85853 [2024] NSWCA 123.
  2. Order that Mr Kannapiran Chinna Arjunan and Ms Thangam Kannapiran pay the costs of the Neighbourhood Association DP No 285853 of and incidental to the hearing of 15 May 2024.
  3. Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW), order that the Notice of Motion dated 5 January 2024 that had been stood over for directions to 27 May 2024 be dismissed.

Bar-Mordecai

#1

 Michael Jacob

SC 3240/98


18 My order follows generally the order in Kinnard v. Field [1905] 2 Ch at 308 and is:

 (1) Order that the defendant is not to be allowed to file, and is hereby restrained from filing any notice of motion, and is not to be allowed to make and is hereby restrained from making any oral application in the course of a directions hearing without the leave of a Judge.

(2) Further order that in case the defendant shall, without the leave of a Judge, file any notice of motion in these proceedings and serve any such notice of motion on the plaintiff, the plaintiff is not to attend at the return of the notice of motion and is not to participate in proceedings upon the notice of motion unless the court on the return of the notice of motion shall direct that the defendant is to attend and shall appoint a time for the defendant's attendance; and further order that unless the court shall think fit to give such direction any such Notice of Motion shall be dismissed without being heard.

Bar-Mordecai

#2

Michael Jacob

2. 10622/04


Patten AJ
25/02/05



The following orders were made on 25 February 2005 by  Acting Justice Patten:

1. Michael Jacob Bar-Mordecai shall not, without leave of this Court, instigate proceedings in any Court.

2. Any legal proceedings instituted by Michael Jacob Bar-Mordecai, in any Court before the date of this order, shall not be continued by him without leave of this Court.

3. Michael Jacob Bar-Mordecai pay the costs of these proceedings.

4. The exhibits may be returned.

5. Michael Jacob Bar-Mordecai give not less than (3) days notice in writing to the Crown Solicitor of any application for leave pursuant to the foregoing orders.


Bar-Mordecai

#3

Michael Jacob

2004/180898

Price J

03/03/2011

1. I vacate order (5) made by Patten AJ on 25 February 2005 and substitute the following order:  (5) That Michael Jacob Bar-Mordecai not serve on the Attorney General or the Crown Solicitor any application, or notice of any application or proposed application, for leave to institute or continue any proceedings, unless and until he shall have been ordered to do so pursuant to s 16(1)(a) of the Vexatious Proceedings Act 2008.


2. In addition to the orders made by Patten AJ on 25 February 2005 as varied in the previous order, I make the following additional order:  (6) Any application by Michael Bar-Mordecai for leave to institute or continue any proceedings in which he is, or is proposed to be, the plaintiff, applicant or otherwise a moving party, shall be filed in the form of a Summons returnable in the Common Law division, and shall not be filed in the form of a Notice of Motion in these present proceedings.


Bar-Mordecai

#4

Michael Jacob

2018/00129362

Fagan J

02/11/2018

On 02 November 2018, Justice Fagan made the following Order(s) under s 8(7) of the Vexatious Proceedings Act 2008 (NSW):

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.


Bate


Rodney Charles


6537/05 & 2318/06

McLaughlin AsJ,
05/10/2007

Order that the defendants not take any further steps in the proceedings without leave of the court and unless and until the foregoing costs are paid to the plaintiffs.

Bate Felicity Catherine


Batterham

Peter James

71906/20

Hammerschlag J

19/03/20

On 19 March 2020, Justice Hammerschlag made the following Order(s) in case 2020/00071906 Marcel Andre Nauer v Peter James Batterham:

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.

Bauskis

John Peter

2009/287857

Palmer J
26/03/2009

  1. The Summons is dismissed as disclosing no cause of action.
  2. Direct the Registrar not to accept any further process from the Plaintiff without the leave of a Judge.
  3. Order the Plaintiff to pay the Defendants' costs of the proceedings.

Beaford Shipping Agency Pty Ltd




SEE KKL (KANGAROO LINE) PTY LIMITED FOR DETAILS OF ORDERS

Betts

Craig Andrew

13264/03

30/09/2005

1) I make the following orders:

(1) Until further order:

(a) An order pursuant to s84(1) of the Supreme Court Act 1970 that the defendant shall not without leave of the Court institute any legal proceedings whether civil or criminal in any court in this State.

(b) An order pursuant to s84(1) of the Supreme Court Act 1970 that any legal proceedings, whether civil or criminal instituted by the defendant in any court in this State before the making of this order shall not be continued by the defendant without the leave of the Court.

(c) Pursuant to s84(1) of the Supreme Court Act 1970 that the defendant be restrained by himself or by his servants or agents from instituting any application in any legal proceedings, whether civil or criminal, already instituted in any court in this State without the leave of this Court.

(d) An order pursuant to s84(1) of the Supreme Court Act 1970 that the defendant be restrained by himself or by his servants or agents from instituting any appeal in respect of any legal proceedings, whether civil or criminal, in any court in this State without the leave of this Court.

(2) The defendant is to pay the plaintiff’s costs.(3) The exhibits are to remain with the file. 
Reasons published.

Bhattacharya


10904/03

Justice Whealy

Orders were made 10 December 2003 by Justice Whealy.

10/12/03  [ ] adjud:21 court order terms:

1) Until further order -
 (a) An order pursuant to s 84(1) of the sc act 1970 that the deft shall not without leave of the court institute any legal proceedings, whether civil or criminal, in any court in this state;

(b) An order pursuant to s 84(1) of the sc act 1970 that any legal proceedings, whether civil or criminal, instituted by the deft before the making of this order shall not be continued by the deft without the leave of the court in this state;

(c) An order pursuant to s 84(1) of the sc act 1970 that the deft be restrained by himself or by his servants or agents from instituting any application in any legal proceedings, whether civil or criminal, already instituted in any court in this state without leave of this court;

(d) An order pursuant to s 84(1) of the sc act 1970 that the deft be restrained by himself or by his servants or agents from instituting any appeal in respect of any legal proceedings, whether civil or criminal, in any court in this state without the leave of this court.

2) The deft to pay the ptfs costs;

3) The exhibits to remain with the file

10-Dec-03

Budd

Pamela Joan Theresa Budd

Justice Hall

19/4/13

  1. 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 an appropriate court under the Act.
  2. Subject to Note 1, the defendant is to pay the plaintiff’s costs on the ordinary basis.
  3. The defendant’s application under the Court Suppression and Non-Publication Orders Act 2010 is refused.

Cameron

Rita

2013/366854

Rothman J

13/5/2014

1. The summons in matter 2013/366854 be struck out;


2. 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;


3. 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;


4. Otherwise, proceedings be dismissed.

Chan

Yau Hang Chan

2011/97223

Adamson J

04/11/2011

1) 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

2) 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

2019/290194

Schmidt AJ

09/02/2021

On 9th February 2021, Her Honour Acting Justice Schmidt in Supreme Court proceedings SOUTH EASTERN SYDNEY LOCAL HEALTH DISTRICT v Sharmain Daisy Clarke (Case No  2019/00290194) made orders as follows:

(1)    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

2019/00183521

Cavanagh J

On 6th July 2022, His Honour Justice Cavanagh made Orders under the Vexatious Proceedings Act 2008 (NSW) in Supreme Court of NSW case 2019/00183521 Attorney General for NSW v Marion Louise Collier:

 Order that Mrs Marion Louise Collier be prohibited from instituting proceedings in New South Wales, without leave of this Court.

 The reasons for judgment in this matter are available on NSW Caselaw: Attorney General for the State of New South Wales v Collier (No 2) [2022] NSWSC 903


Conna

Paul Richard

07/288186

Palmer J, 28/06/2010

Paul Richard Conna is prohibited from taking further action in proceedings 07/288186 - Application of DAVID JOHN CONNA for Probate of the will of the estate of JOSEPHINE MARIE HILL

Croker

Clayton Robert

 2010/20153

Fullerton J

             Court.

22/07/2010

1.        That, 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.


2.         That 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.



Croxford Limited




SEE KKL (KANGAROO LINE) PTY LIMITED FOR DETAILS OF ORDERS

De Varda

Joseph

2018/00197243

Pembroke J

18/6/18

Pembroke J on 18 June 2018, made the following orders:

1.  Leave granted to the first defendant to file in court notice of motion dated 5 June 2018.

2. Dismiss the proceedings.

*3. Order pursuant to s 8(7)(a) of the Vexatious Proceedings Act that all proceedings in New South Wales instituted by Joseph De Varda and Rabbi Samuel Tov-Lev relating to or arising out of their complaints about the closing and sale of the Holocaust Synagogue at Strathfield be stayed.

*4. Order that Joseph De Varda and Rabbi Samuel Tov-Lev be prohibited from instituting further proceedings in New South Wales relating to or arising out of the closure and sale of the Holocaust Synagogue at Strathfield without the leave of the court.

5. Order the plaintiffs to pay the defendants costs of these proceedings.

6. Order that the costs be assessed and paid forthwith.

*The Orders were varied by the Court of Appeal on 30 August 2019 (Bell P, McCallum JA & Emmett AJA), when the following orders were made:

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.


Enterprise ICT Pty Ltd (ACN 169 428 988)


2023/107422

Williams J (15/05/23)

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.

Enterprise INT Pty Ltd (ACN 604 743 740)


2023/107422

Williams J (15/05/23)

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.


Ferella

Angelo

2020/206189

2021/210771

Kunc J

04/03/2022

2020/206189 - Riva NSW Pty Ltd v Official Trustee in Bankruptcy

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 the Vexatious Proceedings Act 2008 (NSW) the proceedings herein are permanently stayed.

2. The plaintiff, and Angelo Ferella, pay the defendant’s costs as agreed or assessed.

2021/210771 - Official Trustee in Bankruptcy v Angelo Ferella

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.


Fleet

 Robert


Palmer J
18/12/2008

Please note that on 18/12/2008 Justice Palmer made the following orders:

Direct the Registry not to accept the filing of any document intended to initiate proceedings in this Court by or on behalf of Dr.R.Fleet without the prior leave of a Judge of this Court.

Fokas

Maria

2009/296382


















2016/00213128

Fullerton J


















Fagan J

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


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

2009/296963

Davies J
01/11/10

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.

Ghosh

Ratna

2013/00238215

&

2014/00333115


Ratna Ghosh v Rodney Miller & Ors

Rothman J

19/06/17

(1)    Motion of the plaintiff dismissed as to prayer one;

(2)    Judgment for the defendants and each of them on the motions filed by them;

(3)    Proceedings dismissed;

(4)    The plaintiff may not file any application (other than an appeal from this judgment) in relation to commencing further proceedings for defamation arising from the publications to which these proceedings refer, without leave of the Court, to be granted if the plaintiff can establish a capacity to proceed efficiently, justly and expeditiously.

(5)    The plaintiff shall pay the defendants’ costs of and incidental to the proceedings, as agreed or assessed.


NOTE: prayer 4 above that restricts the plaintiff from commencing further proceedings in respect of the same cause of action, without leave of the Court and only permits the plaintiff to file an appeal against HH’s decision of today with respect to these 2 cases. Those 2 cases are now closed and should not be reactivated. Any appeal will create a new Court of Appeal case.

A copy of his Honour’s reasons can be found on Caselaw at: https://www.caselaw.nsw.gov.au/decision/59437289e4b074a7c6e16821

Gittoes aka Caldar

Russell Graham Russell

1120/05

22-Apr-05

1) I make the following orders:

Until further order: order that:

a) The deft shall not, without leave of the court, institute any legal proceedings, whether civil or criminal against the plf in any court in this state;

 b) Any legal proceedings, whether civil or criminal, instituted by the deft against the plf before the making of this order in any court in this state, shall not be continued by the deft, without leave of the court;

c) The deft be restrained by himself or by his servants or agents from:

 i) Instituting any proceedings, whether civil or criminal, against the plf in any court of this state without the leave of this court; or

ii) making any application in any legal proceedings, whether civil or criminal already instituted by the deft against the plf in any court of this state, without the leave of this court;

iii) Instituting any appeal or  application or leave to appeal in respect of legal  proceedings, whether civil or criminal, already instituted by the leave of this court.

Islam Md Rajibul 2023/267165 Justice Pike

On 13th May 2024, Justice Pike  made the following Orders in matter 2023/267165 Abu Walid Ratul v Md Rajibul Islam under the Vexatious Proceedings Act 2008 (NSW):

4. An order pursuant to section 8(1)(b) of the Vexatious Proceedings Act 2008 (NSW) that, subject to order 5, the defendant (by himself, or by his servants or agents, or by corporation controlled by him) is prohibited from instituting any proceedings in New South Wales, either in his own name or in the name of any other person, against:

(a) Abu Walid Ratul;
(b) Farha Diba;
(c) Etimad Ul Karim;
(d) Tanvir Ahmed;
(e) Real Estate Macarthur Group Pty Ltd ("REMG");
(f) Expert Finance Pty Limited;
(g) any employee or contractor of REMG, Expert Finance Pty Limited or Australian Real Estate Relation Pty Limited (“ARER”);
(h) Mitry Lawyers Pty Limited;
(i) Emma Watt; and
(j) Richard Mitry.

5. An order pursuant to section 8(1)(c) of the Vexatious Proceedings Act 2008 (NSW) that order 4 does not apply to:
a. an application by the defendant pursuant to section 66G of the Conveyancing Act arising out of the joint ownership between the plaintiff, Sarah Khan, the defendant and Farha Diba of the real property known as:
i. 21 Geddes Street, Spring Farm NSW 25870 (Lot 5339 in Deposited Plan 1194066); and
ii. 4 Galileo Street, Campbelltown NSW 2560 (Lot 1152 in Deposited Plan 1182558);
provided that in any such proceedings the defendant is legally represented; and/or
b. an application by the defendant for an account limited to the income and expenditure associated with the joint ownership of the said properties, provided that in any such proceedings the defendant is legally represented.
c. An application by the defendant in relation to the real property located at Lot 15 in Deposited Plan 37344, which is owned by Plus Investment (Aust) Pty Ltd as trustee for the Plus Investor Australia Unit Trust the beneficiaries of whom are Rajib Sarah Super Pty Ltd and Ratul and Diba Super Trust Pty Ltd, provided that in any such proceedings the defendant is legally represented.

Jambrecina

Drago

10820/02

37575

24.3  I declare that the defendant (Drago Jambrecina) is a vexatious litigant within the meaning of s84(2) of the Supreme Court act 1970; and

24.4  I order that pursuant to s84(2) of the Supreme Court Act 1970 that the defendant (Drago Jambrecina) shall not, without leave of the Court, institute any legal proceedings against the first plaintiff (Pyramid Building Society Ltd) or second plaintiff (Farrow Mortgage Services Pty Ltd) in any New South Wales court; and

24.5  I order, pursuant to s84(2) of the Supreme Court Act 1970, that legal proceedings instituted by the defendant (Drago Jambrecina) against the plaintiffs (Pyramid Building Society Ltd & Farrow Mortgage Services Pty Ltd) in any New South Wales court prior to the making of orders 1 and 2 shall not be continued by the defendant without leave of the Court; and

24.6  The defendant (Drago Jambrecina) is to pay the plaintiffs' (Pyramid Building Society Ltd & Farrow Mortgage Services Pty Ltd) costs of the plaintiffs' summons.

24.7  The exhibits are to be returned.

Jarvie

Douglas Alan

2014/00360603

18/12/14

McCallum J

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.

Jemmott

Ronald

2023/107422

Williams J (15/05/23)

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.


Kanak

Wy

013056/03.

O’Keefe J

On 5 February 2004 His Honour Justice O'Keefe made orders regarding Mr Kanak (see below):

Common law division            

File No :        013056/03   
Date Filed :    17/11/2003

Pltf 1: The Attorney General in and for the State of NSW
Deft 1: Dominic Wy Kanak                          

Record of processing
05/02/04  Final Disposal Text          

By consent, make orders in accordance with paras 1,2 and 3 of the minutes of order:

1] pursuant to section 84[1] of the supreme court act 1970 that the deft shall not, without the leave of the court, institute any legal proceedings in any court.

2] pursuant to section 84[1] of the supreme court act 1970 that any legal proceedings instituted by the deft before the making of this order shall  not be continued by the deft without the leave of the court, save for court of appeal proceedings 40112/03.

3] each party to  bear their own costs.

02/05/04

Kannapiran Thangam 2022/00365344 24/05/24

On 24th May 2024, Chief Justice Bell, Justice Kirk and Acting Justice Griffiths, made the following Orders in matter 2022/00365344 Kannapiran Chinna Arjunan v Neighbourhood Association D.P. No 285853 (NHA DP 285853) under the Vexatious Proceedings Act 2008 (NSW):

The Court orders:

1. Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW), order that Mr Kannapiran Chinna Arjunan and Ms Thangam Kannapiran are prohibited from instituting proceedings in the Supreme Court of New South Wales including in the Court of Appeal against the Neighbourhood Association DP No 285853 or its managing agent, O’Connors Strata & Property Specialists Pty Ltd, in respect of the matters litigated in Arjunan v Neighbourhood Association DP No 285853 (No 3) [2022] NSWSC 1524, the interlocutory decisions related to that decision (Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 691, Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 746 and Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 1663), the following decisions (Arjunan v Neighbourhood Association DP No 285853 [2023] NSWCA 103, Arjunan v Neighbourhood Association DP No 285853 (No 2) [2023] NSWCA 176, Arjunan v Neighbourhood Association DP No 285853 (No 3) [2023] NSWCA 266 and Arjunan v Neighbourhood Association DP No 285853 (No 4) [2023] NSWCA 329) and Arjunan v Neighbourhood Association DP No 85853 [2024] NSWCA 123.

2. Order that Mr Kannapiran Chinna Arjunan and Ms Thangam Kannapiran pay the costs of the Neighbourhood Association DP No 285853 of and incidental to the hearing of 15 May 2024.

3. Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW), order that the Notice of Motion dated 5 January 2024 that had been stood over for directions to 27 May 2024 be dismissed.

KKL (Kangaroo Line) Pty Limited


1986/00013267

Garling J

5/3/14

1.                Notice of Motion dated 18 December 2013 is dismissed.

2.                Direct that no further applications or notices of motion are to be accepted for filing in these proceedings unless any such application or notice of motion is accompanied by a certificate signed by a practising barrister or solicitor certifying that there are reasonable grounds for believing on the basis of provable facts and a reasonably arguable view of the law that that the application or notice of motion has reasonable prospects.


(Note: Attention is drawn to order 2 above which precludes any parties in this matter from filing any further applications or notices of motion without the certificate as specified. The parties in this matter are listed as follows:


·        KKL (KANGAROO LINE) PTY LIMITED   Plaintiff 1

·        BEAUFORD SHIPPING AGENCY PTY LTD   Defendant 1

·        CROXFORD LIMITED   Defendant 2

·        VANGSNES, Trygve   Applicant (Motion)

Klewer

Lucy Patricia

2006/262000

Harrison J
05/02/2010

Until further order:

1.  Order that the defendant shall not, without the leave of the Court, institute any legal proceedings in any Court.

2.  Order that 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

2018/95485

Fagan J

19/11/2018

Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 it is ordered:


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.

Kwon

Ki Bun

2016/000271489

Davies J

12/10/16

On 12 October 2016, his Honour Justice Davies made the following Orders:

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

2016/000271489

Davies J

07/12/16

​His Honour Justice Davies made the following Orders in case 2016/00271489 Peter Charles O'Neill v Kwon Ki Bun:

ORDERS:

(1) Pursuant to s 8(7)(b) Vexatious Proceedings Act 2008 Ki Bun Kwon is prohibited from instituting proceedings in New South Wales against Peter Charles O’Neill without the leave of an appropriate court under that Act.

(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.

Liprini

Allan Stephen

2011/201820

Adamson J

05/12/2011

1) 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.
2) 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.
3) The Defendant to pay the Plaintiff's costs.

Macatangay

Miguela

20144/05





2005/269316














20144/05 &

2005/269316

Harrison AsJ
22/11/2007




Court of Appeal (Macfarlan JA, Sackville JA and Tobias JA)


16/04/2012







Court of Appeal (Macfarlan JA, Sackville JA and Tobias JA)

15/11/2012

Order that the plaintiff is restrained from making further application in the matter of MIGUELA MACATANGAY v STATE OF NSW without the leave of the Court.


1.      That Notices of Motion filed by the applicant on 27 September 2011 and 13 February 2012 be dismissed with costs, such costs to be paid on an indemnity basis.

2.      2. Pursuant to the respondent’s Notice of Motion filed on 11 November 2011, the applicant is restrained from making any further applications in matters 2005/20144 and 2005/269316 without leave of the Court.


Order 2 restrains MIGUELA ALVAREZ MACATANGAY from making any further applications in the case above without leave. Any notice of motion, summons or appeal documentation presented for filing should be referred in the first instance to the Registrar before acceptance.


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

2013/00266710

Rothman J

















Registrar Rizyczok

His Honour Justice Rothman made orders yesterday on 24.9.15 in case 2013/00266710 Attorney General for the State of New South Wales v Tosson Mahmoud in the following terms:


(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.


However, 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

2011/00076594


Schmidt J

13/11/14

Her Honour Justice Schmidt this morning made orders in matter 2011/00076594 Attorney-General in and for the State of New South Wales v Dragan Markisic in the following terms:


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.


Markisic

Dragan

20698/00 (now known as 2000/42462)


















2000/42462 (formerly known as 20698/00)










20285/04




20492/99













2000/42462













2000/42462












2000/42462













2000/42462

Grove J
18/07/2005



















Price J

05/10/2012












Harrison J 16/10/07



Harrison J 10/07/09












Price J

27/02/13












Price J

3/4/13











Price J

3/7/13













Price J
18/9/13

Subject to an order by Smart AJ granting leave to amend his Statement of Claim, the plaintiff is restrained from filing further motion in these proceedings against any of the respondents to the notice of motion filed on 20 June 2005 or bringing fresh proceedings against any of those respondents without leave of the Court first being obtained.

Ie.1. Doreen Muirhead;
2. Victoria Hartstein;
3. Crown Solicitor for NSW
4. David Robinson;
5. Roshana Wikramanayake
6. Australian Government Solicitor;
7. Alexander Kohn;
8. Makinson & d’Apice;
9. The Trustees of theRoman Catholic Church for the Archdiocese of Sydney
10. Gregory John Nell
11. Blake Dawson Waldron
12. Qantas Airways Ltd.


1.      Without my leave, the parties are not permitted to file any further notices of motion in these proceedings. 

2.      Leave pursuant to this order is to be sought by written application setting out the full basis on which leave is sought and the full basis of the claim for relief with a copy of the proposed notice of motion.

3.      The application will be determined by me in chambers and no oral hearing will take place.


Any motion presented, should be received (and not filed) and referred to his Honour's chambers immediately.


Without the leave of a Judge of the Supreme Court, Dragan Markisic is restrained from filing further motion, or bring fresh proceedings against Middletons Lawyers.


Order that in case the plaintiff, without the leave of a Judge of this Court, file or serve any notice of motion, other parties are not to attend at the return of the notice of motion and they are not to participate in proceedings upon the notice of motion unless otherwise directed by a Judge of this Court.


Leave is to be sought by written application setting out the full basis on which leave is sought and the full basis of the claim for relief with a copy of the proposed notice of motion. No oral hearing will take place on an application for leave, which will be determined without notice to other parties, unless the Judge otherwise directs.



Orders 1-5 did not contain any relevant filing restrictions.

6.      Without my leave, the parties are not permitted to file any further notices of motion in these proceedings.

7.       Leave pursuant to order (6) is to be sought by written application setting out the full basis on which leave is sought and the full basis of the claim for relief with a copy of the proposed notice of motion.  The application will be determined by me, in chambers and no oral hearing will take place.  Any application for leave must be made at least 14 days prior to any date that is fixed for the further hearing of these proceedings.

Orders 8 & 9 did not contain any relevant filing restrictions.


Orders 1 & 2 did not contain any relevant filing restrictions.

3.      Without my leave, the parties are not permitted to file any further notices of motion in these proceedings.

4.      Leave pursuant to order (3) is to be sought by written application setting out the full basis on which leave is sought and the full basis of the claim for relief with a copy of the proposed notice of motion.  The application will be determined by me, in chambers and no oral hearing will take place.  Any application for leave must be made at least 14 days prior to any date that is fixed for the further hearing of these proceedings.


Orders 1-3 did not contain any relevant filing restrictions.

4.      Without my leave, the parties are not permitted to file any further notices of motion in these proceedings.

5.      Leave pursuant to order (4) is to be sought by written application setting out the full basis on which leave is sought and the full basis of the claim for relief with a copy of the proposed notice of motion.  The application will be determined by me, in chambers and no oral hearing will take place.  Any application for leave must be made at least 14 days prior to any date that is fixed for the further hearing of these proceedings. 

Order 6 did not contain any relevant filing restrictions.

Orders 1-2 did not contain any relevant filing restrictions

3.  Without my leave, the parties are not permitted to file any further notices of motion in these proceedings.

4.Leave pursuant to order (3) is to be sought by written application setting out the full basis on which leave is sought and the full basis of the claim for relief with a copy of the proposed notice of motion.  The application will be determined by me, in chambers and no oral hearing will take place.  Any application for leave must be made at least 14 days prior to any date that is fixed for the further hearing of these proceedings. 

Orders 5 & 6 did not contain any relevant filing restrictions.

Markisic

Oliver

20369/01











20285/04

Hidden J
25/11/2005










Harrison J
16/10/2007

Please note that on 25 November 2005, in the matter of 20369/01- Oliver Markisic & Anor -v- Commonwealth of Australia, Justice Hidden made the following orders:

"The first plaintiff (Oliver Markisic) is restrained from filing any further motion in these proceedings against the Australian Government Solicitor, Ms Roshana Wikramanayake or Mr David Robinson SC or bringing fresh proceedings against any of them, without first obtaining the leave of the Court."


Without the leave of a Judge of the Supreme Court, Oliver Markisic is restrained from filing further motion, or bring fresh proceedings against Middletons Lawyers.

Martin

Anthony Gilbert

2012/00217369

Simpson JA

17/9/15

Her Honour Justice Simpson today 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

2020/00108037

Lindsay J

02/06/2022

On 2nd 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

2018/00218229

Court of Appeal






























Fagan J

07/08/19

On 11 December 2020, the Court of Appeal made the following orders in Mohareb v Palmer (No 2) [2020] NSWCA 324:

1. Leave granted to appeal against the orders of 7 August 2019.

2. Appeal allowed in part.

3. Order 2 be set aside.

4. Appeal otherwise dismissed.

5. No order as to costs.

** The consequence of Order 3  made above is that Order 2 made by HH Justice Fagan on 7 August 2019 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) 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


One T Development Pty Ltd (CAN 632 081 853)


2023/107422

Williams J (15/05/23)

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.


Phillips

Suzanne Caroline

36770

Windeyer J
20/08/2007






















Bergin J
1/09/2000

On 20 August 2007 Justice Windeyer made orders regarding Suzanne Caroline Phillips in the following matters:

File No: 107734/07
Estate of the late Ivan George Phillips & 2 ors v The Estate of the late Harold Victor Quinton & 3 ors re the Estate of Harold Victor Quinton

File No: 3647/07
Colleen Mary Quinton & 2 ors v Suzanne Caroline Phillips & Anor

File No: 3970/07
The Estate of Ivan George Phillips & Ors v The Estate of Harold Victor Quinton & Ors

"Direct the Principal Registrar to take what ever action is available to her to prevent proceedings being commenced or notices of motion filed by the plaintiff contrary to the orders of Bergin J made in action 3332/00".

"Order that the plaintiff is not to bring any further proceedings in this Court against Harold Victor Quinton until all costs owing by her to Harold Victor Quinton have been paid".

Potier

Malcolm Huntley


Court of Appeal

13/5/15

On 13 May 2015, the Court of Appeal allowed Mr Potier’s appeal in part and varied earlier orders of 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

2011/00344959

McCallum J

25/2/2014

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.

Proietti

Philip

2022/00217751

Court of Appeal

08/03/24

On 8th March 2024, the Court of Appeal (Bell CJ, Kirk JA, Stern JA)  made the following Orders in matter 2022/00217751 Philip Proietti v Peter Proietti under the Vexatious Proceedings Act 2008 (NSW):


Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW), order that Mr Philip Proietti is prohibited from instituting proceedings in the Supreme Court of New South Wales including in the Court of Appeal against Mr Peter Proietti or the trustees for sale appointed by Kunc J in respect of the matters litigated in Proietti v Proietti [2022] NSWSC 875, the appeal therefrom (Proietti v Proietti [2022] NSWCA 234) and the following sets of proceedings: Proietti v Proietti [2022] NSWCA 268; Proietti v Proietti [2023] NSWCA 76; Proietti v Proietti [2023] NSWCA 132; Proietti v Proietti [2023] HCASL 15; Proietti v Proietti (No 3) [2023] NSWCA 199; Proietti v Proietti (No 4) [2023] NSWCA 251; and Proietti v Proietti (No 5) [2023] NSWCA 284

Quach

Michael Van Thanh

2015/158685

2015/482269

2015/67618


2015/158685:


(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.


Rahman

Mohammed Tabibar

2009/00298024-005

McCallum J

Mr Rahman is not to file any notice of motion without prior leave being given by the Registrar or a Judge of the Court.

Rahman

Mohammed Tabibar

2012/00140230

Adams J

10/2/14

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

 11828/01

Kirby J

08/08/2001

1) The defendant not institute proceedings against the plaintiff without the leave of the Court, and

2) The defendant should pay the plaintiff's costs.

Rouvinetis

Evangelos

2011/00029016

Adams J

12/6/2012

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
Satchithanantham

Hemalathasothyrangini
Thambiappah

 2011/259275

Price J

11/09/2012

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

2021/270284

Rothman J

6/6/22

On 6th June 2022, His Honour Justice Rothman made the following Orders in Supreme Court of NSW case Sebie v Bresic Whitney Balmain Pty Ltd (2021/270284) under the Vexatious Proceedings Act 2008 (NSW):

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.

Sebie

Robert

2023/107422

Williams J (15/05/23)

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

2018/00230259

Sackar J

19.10.19

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

Gurjit


Beech-Jones CJ @ CL

24.03.23

HH Justice Beech-Jones, Chief Judge at Common Law has made the following orders today 24th March 2023 concerning Mr Gurjit Singh:

1.       Notes that the Court has recommended to the Attorney General that he or she consider making an application for a vexatious proceedings order in relation to Gurjit Singh.

2.       Orders that, until further order, Gurjit Singh shall not commence or institute any further proceedings in this Court without first obtaining the leave of a Judge of the Court.

3.       Directs the staff of the Registry of the Supreme Court to not accept any document sought to be filed purporting to commence proceedings in the name of Gurjit Singh but instead they must refer the application to a Judge of the Court for a determination on the papers of whether to grant leave pursuant to Order 2.

4.      Pursuant to Uniform Civil Procedure Rule 7.36(1), the Court refers Kiranjit Kaur to the Registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance.

If a new matter is presented by Mr Singh for filing then please proceed as per the following so to ensure that staff are compliant with the terms of the orders made:

1.     Place a receive stamp on document only. It should not be filed stamped. Accept all material Mr Singh intends to lodge.

2.     Inform Mr Singh of the orders made above and inform him that the documents are not filed at this time but will be referred to a Judge of this Court in Chambers so that leave may be considered. He need not wait about. Advice will be emailed to him of the outcome of the decision and the documents processed in accordance with the decision made.

3.     Accept no filing fee payment or money.

4.     The documents can then be brought to myself and I will then refer all material to Chief Judge for allocation to a Judge to determine if leave is to be given to file.

5.     When decision is made an email will be sent to Mr Singh.

6.     If approval given to file then the document will be referred back to client services for filing (backdated to the date of receipt) and an invoice to be raised and provided to Mr Singh for payment to be made via SPP. Sealed copies of documents to be provided to Mr Singh for his records and for service.

7.     If no approval given then all material received will be returned.

Note that there is no duration specified as to the duration of this order. If it is stayed, rescinded or removed or some further order is made that affects it then further advice will follow.

A restriction will be sought to be placed on Mr Singh’s ability to efile any new matters with the eRegistry Administrator.


Singh Gurjit  2023/00171969 26/04/24

On 26th April 2024, his Honour Justice Ierace  made the following Orders in matter 2023/00171969 Attorney General for NSW v Gurjit Singh under the Vexatious Proceedings Act 2008 (NSW):

(1) Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW) Gurjit Singh is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act.

(2) No order is made as to costs.

Singh

Jagjit

2013/00194812

Slattery J

04/11/2013

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 (Michael)

2016/00191033

Schmidt J

5/5/17

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.

Spautz

Michael Edward

14464/89

33037

1)  I order that until further order the defendant (Michael Edward Spautz) be restrained by himself or by his servants or agents from

i) instituting any legal proceedings, whether civil or criminal, in any Court in this state without the leave of this Court.

ii) Instituting any application in any legal proceedings, whether civil or criminal, already instituted in any Court in this state without the leave of this Court.

iii) Instituting any appeal in respect of any legal proceedings, whether civil or criminal, in any Court in this state without the leave of this Court.

2)  I further order that the defendant give not less than three days notice in writing to the Crown Solicitor of any application for leave pursuant to the foregoing orders.

3)  I order that the defendant pay the plaintiff’s costs.

4)  I publish my reasons.

Teoh

Elaine

2009/00298486 ELAINE TEOH v HUNTERS HILL COUNCIL

Beazley P

The Court of Appeal (constituted by Beazley P; Emmett JA; Sackville AJA) made the following orders on 14 April 2014 :

(1)    Pursuant to the Vexatious Proceedings Act 2008, s 8(7)(a), all proceedings in New South Wales relating to the subject matter of proceedings 40246 of2008 in the Land and Environment Court of New South Wales, being proceedings entitled Teoh v Hunters Hill Council, or relating to proceedings 2009/298486 in the New South Wales Court of Appeal, are stayed.

(2)    Pursuant to the Vexatious Proceedings Act 2008, s 8(7)(b), the applicant(Ms Teoh) is prohibited from instituting proceedings in the Supreme Court of New South Wales relating to the subject matter of proceedings 40246 of 2008in the Land and Environment Court of New South Wales, being proceedings entitled Teoh v Hunters Hill Council, or relating to proceedings 2009/298486 in the New South Wales Court of Appeal.


Thompson

Byron Ward

83811/03

Bergin J, 2/06/2010

Without the leave of a Judge of the Supreme Court, Byron Ward Thompson, is restrained from filing further motion, in relation to matter 2003/00083811.

Tov-Lev

Rabbi Samuel

2018/00197243

Pembroke J

18/6/18

Pembroke J on 18 June 2018, made the following orders:

1.  Leave granted to the first defendant to file in court notice of motion dated 5 June 2018.

2. Dismiss the proceedings.

*3. Order pursuant to s 8(7)(a) of the Vexatious Proceedings Act that all proceedings in New South Wales instituted by Joseph De Varda and Rabbi Samuel Tov-Lev relating to or arising out of their complaints about the closing and sale of the Holocaust Synagogue at Strathfield be stayed.

*4. Order that Joseph De Varda and Rabbi Samuel Tov-Lev be prohibited from instituting further proceedings in New South Wales relating to or arising out of the closure and sale of the Holocaust Synagogue at Strathfield without the leave of the court.

5. Order the plaintiffs to pay the defendants costs of these proceedings.

6. Order that the costs be assessed and paid forthwith.

*The Orders were varied by the Court of Appeal on 30 August 2019 (Bell P, McCallum JA & Emmett AJA), when the following orders were made:

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.


Tsekouras

Con

001039/03

5/3/2003

[P1 - D1] Adjud:2 Final disposal:

Final Judgment/Order FINAL   CD214Disposal text: hearing completed; ex tempore judgment delivered:-

1) the ptfs summons is dismissed;

2) order Pursuant to s.84(2) of the sc act that the ptf shall not, without leave of the court, institute any legal proceedings against the deft in any court;

3) order that any legal proceedings Instituted by the ptf against the deft in any court before the making of this order shall not be continued by the ptf without leave of the court. The defts costs of these proceedings be paid by the ptf on an indemnity basis. Matter Removed From Active Matters List  FILE CLOSED.

Tsekouras

Con

6274/06

Bryson AJ

05/06/2007

Order pursuant to S 84(2) of the Supreme Court Act 1970 that Con Tsekouras, herein called the 'vexatious' litigant", shall not, without leave of this Court institute any legal proceedings against Peter Olsen, herein called the 'person aggrieved', in the Supreme Court of NSW or in any inferior court of NSW and further order that any legal proceedings, instituted by the vexatious litigant against the person aggrieved, in the Supreme Court of NSW or in any inferior court of NSW, before the making of this order, shall not be continued by the vexatious litigant without leave of this Court.

Vallassis

Dennis

13998/88

Simpson J
12/05/2000

The plaintiff, Dennis Vallasis shall not, without leave of the court, institute any legal proceedings against M.D. Nikolaidis & Co in any court and shall not continue any legal proceedings already instituted againsts M.D. Nikolaidis & Co in any court without the leave of this court.

Her honour orders Dennis Valassis to pay the costs of this application and that the costs be assessed on an indemnity basis.   

Vangsnes

Trygve



SEE KKL (KANGAROO LINE) PTY LIMITED FOR DETAILS OF ORDERS

Viavattene

Beverley Georgina

2012/169892

Justice Fullerton 25/3/13

  1. 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 leave of an appropriate court under that Act.
  2. 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


Justice Beazley, Justice Basten; Justice  Leeming

13/3/15

(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

2012/00323996

Justice Bellew

27/3/2014

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.


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

2017/00071166

2019/169660

19/12/17

&

 01/10/19














Her Honour Justice McCallum 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.

Her Honour Justice Adamson on 01 October 2019 in Supreme Court proceedings Yun Fu Wang v Botany View Hotel (Case No  2019/169660) made orders as follows:

(1)    The proceedings be dismissed pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 (NSW).

(2)    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."


West

Raymond Stanley

16208/90

23-Nov-90

1) That an interlocutory order that until further order the defendant (Raymond Stanley West) be restrained from by himself or by his servants or agents, instituting or continuing any legal proceedings whether civil or criminal in any court of this state, without the leave of this court.

White

Julian John

280717/08

Bergin J, 2/06/2010

Without the leave of a Judge of the Supreme Court, Julian John White, is restrained from filing further motion, in relation to matter

Williamson

Hugh Francis Arthur

2019/286765

Campbell J

08/10/21

On 8th October 2021, His Honour Justice Campbell made the following Orders in Supreme Court of NSW case Hugh Francis Arthur Williamson v Elders Rural Services Australia Limited (2019/286765) under the Vexatious Proceedings Act 2008 (NSW):

Orders:


1.      On the motion filed by the Rural Bank Limited and the Bendigo and Adelaide Bank Limited on 30 October 2019:


Under s 8(7) Vexatious Proceedings Act 2008, except in the case of leave first obtained under Part 3 of the Act, Hugh Francis Arthur Williamson is prohibited from instituting proceedings in New South Wales against the Rural Bank Limited and the Bendigo and Adelaide Bank Limited, their directors, officers, employees or legal representatives in any matter in any way related to, arising out of, or in connection with the subject matter of proceedings file No. 2017/156318 determined by Rees J on 16 November 2018 by entry of judgment in favour of the Bendigo and Adelaide Bank Limited and proceedings No. 2015/226349 determined by Johnson J on 19 December 2018 by entry of judgment in favour of Elders Rural Services Australia limited.


2.      On the notice of motion filed by Elders Rural Services Australia Limited on 3 February 2020:


Under s 8(7) Vexatious Proceedings Act 2008, except in the case of leave first obtained under Part 3 of the Act Hugh Francis Arthur Williamson is prohibited from instituting proceedings in New South Wales against Elders Rural Services Australia Limited and Elders Limited their directors, officers, employees or legal representatives in any matter in any way related to, arising out of, or in connection with the subject matter of proceedings no. 2015/226346 determined by Johnson J on 19 December 2018 by entry of judgment in favour of Elders Rural Services Australia Limited.


3.      The plaintiff to pay the costs of the first, second, third and fourth defendants.

Wilson

John

2016/292059

Wilson J

15/12/16

Her Honour Justice H Wilson delivered judgment [2016 NSWSC 1527] with respect to the above named applicant’s application for leave to proceed under the Vexatious Proceedings Act to commence proceedings.

The following orders were made:

(1)       Pursuant to s 16(3) of the Vexatious Proceedings Act 2008 (NSW), the Court grants leave to the applicant to institute proceedings by lodging a summons pursuant to rules 6.2 and 6.4 of the Uniform Civil Procedure Rules 2005, for preliminary discovery pursuant to r 5.3 of the Rules, in the terms set out in Exhibit F to the affidavit of Martin Thomas Slattery dated 28 September 2016;

(2)       No order as to costs.

Therefore Mr John Wilson may by himself, or through his solicitor Robert Patrick Higgins of Carroll and O’Dea, file an initiating matter seeking preliminary discovery against the Australian Broadcasting Corporation. This is as a result of a report broadcast by the ABC in which the applicant may have been defamed.

Whilst the original order declaring Mr Wilson vexatious remains in place, he is limited, in this one instance, to being allowed to commence these proceedings as a consequence of today’s order.

Wilson

John


Davies J
23/09/2010

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.

Wilson

Paul

20298/04

10-Mar-05

The following orders were made on 10 March 2005 by Master Malpass:

1.The proceedings are dismissed.

2.The pltf is to pay the costs of the proceedings.

3. The pltf is not to file any further process in this Court without prior leave from a Judge.

Witt

Frank Raleigh

13770/06

Rothman J
21/12/2006

Pursuant to the term of s.84(2) of the Supreme Court Act 1970 (NSW), the plaintiff, Frank Raleigh Witt be declared a vexatious litigant and shall not, without leave of the Court, institute any legal proceedings against Kenneth Alan Cox in any Court and that any legal proceedings instituted by the said Frank Raleigh Witt against Kenneth Alan Cox in any Court before the making of this Order shall not be continued by the said Frank Raleigh Witt without leave of the Court.

Zepinic


Vitomir

Nina

Milla

97515/2016

290598/2009

Pembroke J

25/05/17

In proceedings No 2016/97515 Justice Pembroke makes the following orders:

Order pursuant to section 8(7)(a) of the Vexatious Proceedings Act 2008 that all proceedings in New South Wales instituted by Vitomir Zepinic and/or Nina Zepinic:

a)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/03657;

b)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/33225;

c)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2009/290598;

d)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2013/132492;

e)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2016/97515;

f)       relating to or arising out of the construction contract entered into in or about February 2006 between Vitomir Zepinic and Milla Zepinic and Chateau Constructions (Aust) Limited; and/or

g)      relating to the property known as 34 Turramurra Avenue, Turramurra, New South Wales, being the land comprised in folio A/348843, including, but not limited to, the sale of that property completed in or about December 2014,

are stayed.

Order pursuant to section 8(7)(b) of the Vexatious Proceedings Act 2008 that Vitomir Zepinic, also known as Vito Zepinic, is prohibited from instituting proceedings in New South Wales:

a)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/03657;

b)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/33225;

c)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2009/290598;

d)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2013/132492;

e)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2016/97515;

f)       relating to or arising out of the construction contract entered into in or about February 2006 between Vitomir Zepinic and Milla Zepinic and Chateau Constructions (Aust) Limited; and/or

g)      relating to the property known as 34 Turramurra Avenue, Turramurra, New South Wales, being the land comprised in folio A/348843, including, but not limited to, the sale of that property completed in or about December 2014.

Order pursuant to section 8(7)(b) of the Vexatious Proceedings Act 2008 that Nina Zepinic is prohibited from instituting proceedings in New South Wales:

a)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/03657;

b)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/33225;

c)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2009/290598;

d)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2013/132492;

e)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2016/97515;

f)       relating to or arising out of the construction contract entered into in or about February 2006 between Vitomir Zepinic and Milla Zepinic and Chateau Constructions (Aust) Limited; and/or

g)      relating to the property known as 34 Turramurra Avenue, Turramurra, New South Wales, being the land comprised in folio A/348843, including, but not limited to, the sale of that property completed in or about December 2014.

In proceedings No 2009/290598 Justice Pembroke makes the following orders:

Order pursuant to section 8(7)(a) of the Vexatious Proceedings Act 2008 that all proceedings in New South Wales instituted by Vitomir Zepinic and/or Milla Zepinic:

a)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/03657;

b)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/33225;

c)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2009/290598;

d)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2013/132492;

e)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2016/97515;

f)       relating to or arising out of the construction contract entered into in or about February 2006 between Vitomir Zepinic and Milla Zepinic and Chateau Constructions (Aust) Limited; and/or

g)      relating to the property known as 34 Turramurra Avenue, Turramurra, New South Wales, being the land comprised in folio A/348843, including, but not limited to, the sale of that property completed in or about December 2014,


are stayed.

Order pursuant to section 8(7)(b) of the Vexatious Proceedings Act 2008 that Vitomir Zepinic, also known as Vito Zepinic, is prohibited from instituting proceedings in New South Wales:

a)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/03657;

b)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/33225;

c)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2009/290598;

d)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2013/132492;

e)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2016/97515;

f)       relating to or arising out of the construction contract entered into in or about February 2006 between Vitomir Zepinic and Milla Zepinic and Chateau Constructions (Aust) Limited; and/or

g)      relating to the property known as 34 Turramurra Avenue, Turramurra, New South Wales, being the land comprised in folio A/348843, including, but not limited to, the sale of that property completed in or about December 2014.

Order pursuant to section 8(7)(b) of the Vexatious Proceedings Act 2008 that Milla Zepinic is prohibited from instituting proceedings in New South Wales:

a)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/03657;

b)      relating to or arising out of the subject matter of Consumer Trader and Tenancy Tribunal proceeding HB07/33225;

c)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2009/290598;

d)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2013/132492;

e)      relating to or arising out of the subject matter of Supreme Court of New South Wales proceeding 2016/97515;

f)       relating to or arising out of the construction contract entered into in or about February 2006 between Vitomir Zepinic and Milla Zepinic and Chateau Constructions (Aust) Limited; and/or

g)      relating to the property known as 34 Turramurra Avenue, Turramurra, New South Wales, being the land comprised in folio A/348843, including, but not limited to, the sale of that property completed in or about December 2014.



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