Attorney General in and for the State of New South Wales v Bhattacharya [2003] NSWSC 1150

New South Wales Supreme Court

CITATION : Attorney General in and for the State of New South Wales v Bhattacharya [2003] NSWSC 1150 HEARING DATE(S) : 24/11/03, 26/11/03, 27/11/03 JUDGMENT DATE : 10 December 2003

JUDGMENT OF : Whealy J at 1 DECISION : Make the following orders: - 1. Until further order - (a) An order pursuant to s 84(1) of the Supreme Court Act 1970 that the defendant shall not without leave of the Court institute any legal proceedings, whether civil or criminal, in any Court in this State. (b) An order pusuant to s 84(1) of the Supreme Court Act 1970 that any legal proceedings, whether civil or criminal, instituted by the defendant before the making of this order shall not be continued by the defendant without the leave of the Court in this State. (c) An order pursuant to s 84(1) of the Supreme Court Act 1970 that the defendant be restrained by himself or by his servants or agents from instituting any application in any legal proceedings, whether civil or criminal, already instituted in any court in this State without the leave of the Court. (d) An order pursuant to s 84(1) of the Supreme Court Act 1970 that the defendant be restrained by himself or by his servants or agents from instituting any appeal in respect of any legal proceedings, whether civil or criminal, in any court in this State without the leave of this Court. 2. The defendant is to pay the plaintiff's costs. 3. The Exhibits are to remain with the file.

CATCHWORDS : Vexatious Litigation - Discretion NSW Supreme Court Act 1970 Vexatious Actions Act 1896 High Court Rules O.63 Public Service Act 1979 LEGISLATION CITED : Mental Health Act Industrial Relations Act 1991 Supreme Court Rules Crimes Act 1900 Coroner's Act 1980 Commonwealth Trading Bank v Inglis (1974) 131 CLR 311 at 316 Hunter's Hill Municipal Council v Pedler (1976) 1 NSWLR 478 at 479 Re Cameron (1996) 2 QDR 218 at 224 CASES CITED : Ramsey v Skyring (1999) 164 ALR 378 at 389-390 Re Vernazza (1960) 1 QB 197 at pp 208, 209, 210 Attorney General v Wentworth (1988) 14 NSWLR 481 at 492 Jones v Skyring (1992) 109 ALR 303 at 306 Bhamjee v David Forsdick & Ors [No 2] [2003] EWCA Civ 1113 (25 July 2003) PARTIES : Attorney General in and for the State of New South Wales v Pranay Kumar Bhattacharya FILE NUMBER(S) : SC 10904/03 COUNSEL : Mr P. Blackett SC, Mr R. Titterton - Plaintiff Defendant in Person SOLICITORS : NSW Crown Solicitor's Office Defendant in Person