Sebie v Bresic Whitney Balmain Pty Ltd [2022] NSWSC 816

Supreme Court New South Wales

Medium Neutral Citation: Sebie v Bresic Whitney Balmain Pty Ltd [2022] NSWSC 816 Hearing dates: 06 June 2022 Date of orders: 06 June 2022 Decision date: 06 June 2022 Jurisdiction: Common Law Before: Rothman J Decision: (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. Catchwords: CIVIL PROCEDURE – summary dismissal of proceedings – continuing inability to plead appropriately – no arguable case disclosed – time limit issues – abuse of process – proceedings dismissed CIVIL PROCEDURE – parties – vexatious litigant – principles – vexatious litigant orders limited to subject matter and parties granted Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Cases Cited: Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502; [1988] HCA 21 Deputy Commissioner of Taxation v Chamberlain (1990) 93 ALR 729; [1990] FCA 32 Enterprise ICT Pty Ltd v Pham (No 2) [2018] NSWCA 185 Mahmoud v Attorney General of New South Wales [2017] NSWCA 12 Pham v Enterprise ICT Pty Limited [2017] NSWSC 446 Pham v Enterprise ICT Pty Ltd (No 2) [2017] NSWSC 583 Potier v The Attorney-General of the State of New South Wales [2015] NSWCA 129 Sebie v Pham (No 3) [2021] NSWCA 277 Sullivan v Department of Transport (1978) 20 ALR 323 Zepinic v Chateau Constructions Australia Limited [2018] NSWCA 317 Category: Principal judgment Parties: Robert Sebie (Plaintiff / Respondent) Bresic Whitney Balmain Pty Ltd (First Defendant / First Applicant) Adrian Oddi Real Estate (Second Defendant / Second Applicant) Representation: Counsel: No appearance (Plaintiff / Respondent) B Yin (Defendants / Applicants)