Attorney General for the State of New South Wales v Collier (No 1) [2022] NSWSC 457

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for the State of New South Wales v Collier (No 1) [2022] NSWSC 457 Hearing dates: 5 April 2022 Date of orders: 5 April 2022 Decision date: 05 April 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: 1. The defendant's Notice of Motion filed 31 March 2022 is dismissed. 2. Grant leave to the plaintiff to rely on the further affidavit of Tom Alexander Allchurch dated 18 February 2022. Catchwords: CIVIL PROCEDURE — self-represented litigant — notice of motion — application to vacate the hearing date — refused Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney-General for NSW v Collier [2021] NSWSC 1483 Category: Procedural rulings Parties: Attorney General for the State of New South Wales (Plaintiff) Marion Louise Collier (Defendant) Representation: Counsel: D Birch (Plaintiff)

Solicitors: Crown Solicitor's Office (Plaintiff) Self-Represented (Defendant) File Number(s): 2019/183521 Publication restriction: Nil

REVISED EX TEMPORE Judgment 1. This matter is listed before me for the purposes of the hearing of the summons filed by the plaintiff, the Attorney-General of New South Wales on 13 June 2019 seeking orders against the defendant, Marion Louise Collier pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW). 2. Mr Birch appears for the plaintiff. The defendant appears in person via AVL. Although the proceedings are listed as an in-person hearing, I granted leave to the defendant to appear via AVL from her home in Tamworth (as she requested). 3. Prior to the hearing of the substantive matter, it is necessary to deal with two motions, one filed by the defendant on 31 March 2022, and the other filed by the plaintiff on 18 February 2022. 4. In her motion, the defendant seeks that this hearing be vacated and re-listed at some time after July 2022. She also seeks a stay of execution of two State Revenue fine enforcement notices, as well as other ancillary orders. 5. In his motion, the plaintiff seeks leave to rely on the hearing upon the affidavit of Tom Alexander Allchurch affirmed on 18 February 2022, as well as exhibits TA-3, TA-4 and TA-5 to that affidavit. 6. I will deal firstly with the defendant's motion. The defendant relies on her affidavit of 31 March 2022. She also made extensive submissions in support of the orders sought in the motion. I will deal with the matters raised by the defendant in her affidavit in conjunction with the submissions that she has made.