Proietti v Proietti [2023] NSWCA 132

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Proietti v Proietti [2023] NSWCA 132 Hearing dates: 8 June 2022 Date of orders: 14 June 2023 Decision date: 14 June 2023 Before: Ward P; Adamson JA Decision: 1. Dismiss the notice of motion filed on 24 April 2023 with costs, such costs to be on an indemnity basis and paid out of the applicant's share of the net proceedings of sale of the property at Marsfield in respect of which the Court has appointed trustees for sale. 2. Order that if Mr Philip Proietti files any further application against Mr Peter Proietti or the Court-appointed trustees in respect of the matters litigated in the Supreme Court of New South Wales or the Court of Appeal seeking, in substance, stay of execution or appeal from the orders of Kunc J dated 7 July 2022, the Registrar shall promptly vacate the return date, notify the parties, and refer the papers to a judge nominated by the President to determine, in Chambers, whether the Court should fix a new return date and notify the parties, or whether Mr Philip Proietti should be invited to show cause in writing why the Court should not, in Chambers, summarily dismiss the proceedings as vexatious and an abuse of process. Catchwords: CIVIL PROCEDURE – Dismissal of proceedings – Abuse of process – Where applicant has instituted successive proceedings raising the same issues in a short period of time – Where issues have been determined – Where applicant has declared intention to continue to litigate DIRECTIONS – Teoh direction – Show cause direction – Where Teoh direction made to prevent an abuse of process Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 63 Conveyancing Act 1919 (NSW), s 66G Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(3A), 36.16(4) Cases Cited: Autodesk Inc v Dyason (No 2) [1993] HCA 6; (1993) 176 CLR 300 Choi v Secretary, Department of Communities and Justice [2022] NSWCA 170 D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1 Hassan v Sydney Local Health District (No 4) [2021] NSWCA 187 Hassan v Sydney Local Health District trading as Royal Prince Alfred Hospital [2021] HCASL 230 Muriniti v Lawcover Insurance Pty Ltd [2022] NSWCA 159 Muriniti v Lawcover Insurance Pty Ltd [2022] NSWSC 90 New Cap Reinsurance Corporation v Grant [2009] NSWSC 950 Paul's Retail Pty Ltd v Morgan [2009] NSWSC 1343 Perpetual Trustees Australia Ltd v Heperu Pty Ltd (No 2) (2009) 78 NSWLR 190; [2009] NSWCA 387 Proietti v Proietti [2022] NSWCA 234 Proietti v Proietti [2022] NSWSC 875 Proietti v Proietti [2023] HCASL 15 Proietti v Proietti [2023] NSWCA 76 Samootin v Shea [2013] NSWCA 312 State Bank of New South Wales Ltd v Stenhouse Ltd [1997] Aust Torts Reports 81-423 Teoh v Hunters Hill Council (No 4) (2011) 81 NSWLR 711; [2011] NSWCA 324 Teoh v Hunters Hill Council; Hassan v Sydney Local Health District (No 5) [2021] NSWCA 197 UBS AG v Tyne (2018) 265 CLR 77; [2018] HCA 45 Wentworth v Rogers [2002] NSWSC 921 Category: Principal judgment Parties: Philip Proietti (Applicant) Peter Proietti (First Respondent) Ian Colwell Miller & Peter Joseph Dominello as Court Appointed Trustees (Second Respondent) Representation: Counsel: Applicant (self represented) First Respondent (no appearance) J Eun (Second Respondent)