Chan v Louey [2007] NSWSC 272

New South Wales Supreme Court

CITATION : Chan v Louey [2007] NSWSC 272

HEARING DATE(S) : 19/3/07, 22/3/07

JUDGMENT DATE : 22 March 2007

JUDGMENT OF : Bell J at 1

EX TEMPORE JUDGMENT DATE : 22 March 2007

DECISION : 1. Dismiss prayers one and two in the amended notice of motion; 2. The plaintiff Yau Hang Chan be restrained from filing and from serving any notice of motion and from making any oral application in these proceedings without the leave of a judge of the court; 3. In case Yau Hang Chan shall, without the leave of a judge of the court, file or serve any notice of motion other parties are not to attend at the return of the notice of motion, and they are not to participate in proceedings upon the notice of motion unless a judge of the court shall otherwise direct; 4. Unless the court shall think fit to give such direction, any such notice of motion shall be dismissed without being heard; 5. Leave pursuant to order two is to be sought by written application setting out the full basis on which leave is sought and the full basis for the claim for relief with a copy of the proposed notice of motion; 6. No oral hearing will take place on the application for leave, which will be determined without notice to other parties, unless the judge otherwise directs; 7. The subpoenae addressed to the Director General of Education and Training returnable first on 30 November 2006 and to the Minister For Education and Training returnable on 4 December 2006 are set aside generally pursuant to rule 33.4 of the Uniform Civil Procedure Rules 2005; 8. The plaintiff is to pay the costs of the motion

CATCHWORDS : Application to restrain plaintiff from filing motions without leave - number of interlocutory applications claiming relief without grounds in aid of an appeal against an order for summary dismissal