Attorney-General (NSW) v Betts [2004] NSWSC 901

New South Wales Supreme Court

CITATION : Attorney-General (NSW) v Betts [2004] NSWSC 901 HEARING DATE(S) : 13/09/04, 14/09/04, 15/09/04, 16/09/04 JUDGMENT DATE : 30 September 2004

JUDGMENT OF : Hoeben J at 1 DECISION : See para [76].

CATCHWORDS : Vexatious litigant - Local Court, District Court. Anti-Discrimination Act 1977 LEGISLATION CITED : Justices Act 1902 Mental Health (Criminal Procedure) Act 1990 Supreme Court Act 1970 - s84(1) Attorney General for NSW v Bhattacharya [2003] NSWSC 1150 Attorney General v Wentworth (1988) 14 NSWLR 481 CASES CITED : Bhanjee v David Fourstick & Ors (No 2) [2003] EWCA Civ 113 Hunters Hill Municipal Council v Pedler (1976) 1 NSWLR 478 Ramsey v Skyring (1999) 164 ALR 378 Re: Vernazza (1960) 1 QB 197 PARTIES : Attorney-General in and for the State of New South Wales - Plaintiff Craig Andrew Betts - Defendant FILE NUMBER(S) : SC 13264/03 COUNSEL : Mr RC Titterton - Plaintiff Defendant in Person SOLICITORS : IV Knight, Crown Solicitor - Plaintiff Defendant in Person

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

HOEBEN J

Thursday, 30 September, 2004

13264/03 – The Attorney-General in and for the State of New South Wales v Craig Andrew BETTS

JUDGMENT 1 HIS HONOUR: This is an application brought on behalf of the Attorney General for New South Wales (the plaintiff) seeking an order against Craig Andrew Betts (the defendant) under s84(1) of the Supreme Court Act 1970 (the Act). This is a section dealing with vexatious litigants. It enables the court to 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 him without the leave of the court.