Attorney General In and For the State of NSW v Spautz [2000] NSWSC 45

New South Wales Supreme Court

CITATION : Attorney General In and For the State of NSW v Spautz [2000] NSWSC 45 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 14464/89 HEARING DATE(S) : 9 February 2000 JUDGMENT DATE : 18 February 2000

PARTIES : Attorney General In and For the State of NSW v Michael Edward Spautz JUDGMENT OF : Brownie AJ at 1

LOWER COURT Supreme Court JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :

COUNSEL : Mr T Buddin SC & Mr Lonergan (for plaintiff) Mr M E Spautz in person SOLICITORS : Mr I V Knight (Crown Solicitor) Mr M E Spautz in person CATCHWORDS : Vexatious litigants - No question of principle LEGISLATION CITED : Supreme Court Act 1970 s84 DECISION : Motion dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

BROWNIE, AJ

Friday, 18 February 2000

14464/89 : ATTORNEY GENERAL IN AND FOR THE STATE OF NSW v SPAUTZ

JUDGMENT

1 HIS HONOUR: Section 84 of the Supreme Court Act 1970 provides: "(1) Where any person (in this subsection called the vexatious litigant) habitually and persistently and without reasonable ground institutes vexatious legal proceedings, whether in the Court or in any inferior court, and whether against the same person or against different persons, the Court may, on the application of the Attorney-General, order that the vexatious litigant shall not, without leave of the Court, institute any legal proceedings in any court and that any legal proceedings instituted by the vexatious litigant in any court before the making of the order shall not be continued by the vexatious litigant without leave of the Court.