Arjunan v Neighbourhood Association DP No 285853 (No 4) [2023] NSWCA 329

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Arjunan v Neighbourhood Association DP No 285853 (No 4) [2023] NSWCA 329 Hearing dates: On the papers Date of orders: 22 December 2023 Decision date: 22 December 2023 Before: Stern JA Decision: (1) The applicants' notice of motion filed on 29 November 2023 is dismissed. (2) Leave to issue a subpoena is refused. Catchwords: CIVIL PROCEDURE – Teoh order – where the applicants filed a notice of motion seeking to set aside and vary orders under UCPR, r 36.16 – where application does not raise any new issue and the issues raised have now been repeatedly determined against the applicants – where applicants directed to show cause why the Court should not summarily dismiss proceedings as vexatious and an abuse of process – whether application should be dismissed as vexatious and an abuse of process CIVIL PROCEDURE – Subpoena – where leave to issue a subpoena refused by Deputy Registrar on the basis that there were no active proceedings at the time when the subpoena was filed – where applicants made a further application for leave to issue that subpoena – where documents are being sought by the applicants to support contentions considered and rejected by this Court – whether leave to issue the subpoena should be granted Legislation Cited: Community Land Management Act 2021 (NSW) Supreme Court Act 1970 (NSW), s 46(1)(b) Vexatious Proceedings Act 2008 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 13.4, 36.16(3A) Cases Cited: Arjunan v Neighbourhood Association DP No 285853 (No 2) [2023] NSWCA 176 Arjunan v Neighbourhood Association DP No 285853 (No 3) [2022] NSWSC 1524 Arjunan v Neighbourhood Association DP No 285853 (No 3) [2023] NSWCA 266 Arjunan v Neighbourhood Association DP No 285853 [2022] NSWSC 746 Arjunan v Neighbourhood Association DP No 285853 [2023] NSWCA 103 Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 1663 Arjunan v Neighbourhood Association No DP 285853 [2022] NSWSC 691 Aukuso v Tahan [No 2] [2018] NSWCA 302 Hancock v Arnold; Dodd v Arnold (No 2) [2009] NSWCA 19 Majak v Rose (No 5) [2017] NSWCA 238 Proietti v Proietti (No 3) [2023] NSWCA 199 Roads and Traffic Authority of NSW v Refrigerated Roadways Pty Ltd (No 2) [2009] NSWCA 336 State of New South Wales v Hollingsworth (No 2) [2023] NSWCA 283 Teoh v Hunters Hill Council (No 4) (2011) 81 NSWLR 771; [2011] NSWCA 324 Category: Procedural rulings Parties: Kannapiran Chinna Arjunan (First Applicant) Thangam Kannapiran (Second Applicant)