Riva NSW Pty Limited v The Official Trustee in Bankruptcy [2023] NSWSC 1323

Supreme Court New South Wales

Medium Neutral Citation: Riva NSW Pty Limited v The Official Trustee in Bankruptcy [2023] NSWSC 1323 Hearing dates: 28 August, 4 and 18 September, 4 October 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Equity Before: Slattery J Decision: Motion dismissed. No costs orders made as the application in the proceedings has not been served on the defendant. Catchwords: CIVIL PROCEDURE — Parties — Vexatious litigants — Leave proceedings — vexatious proceedings order made against applicant, the plaintiff in the proceedings – the applicant seeks by motion leave to file an Amended Statement of Claim – whether the Court can decline to consider the application because it is not satisfied that the application for leave is materially different from an earlier application dismissed under s 14(2) of the Vexatious Proceedings Act 2008 - whether leave to file the mended Statement of Claim should be granted pursuant to s 14(2) of the Vexatious Proceedings Act. Legislation Cited: Civil Procedure Act 2005 Cases Cited: Riva NSW Pty Limited v The Official Trustee in Bankruptcy; The Official Trustee in Bankruptcy v Ferella [2022] NSWSC 153 Riva NSW Pty Limited v Official Trustee in Bankruptcy [2023] NSWCA 235 Nina Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWSC 86 Category: Consequential orders Parties: Applicant: Riva NSW Pty Ltd Respondent: The Official Trustee in Bankruptcy Representation: Counsel: Applicant: A. Maroya

Solicitors: Applicant: Michael Gerard Coffey, Gells Lawyers Respondent: Khaled Metlej, Craddock Lawyers File Number(s): 2020/206189 Publication restriction: No