Tsekouras v Olsen; Olsen v Tsekouras [2007] NSWSC 556

New South Wales Supreme Court

CITATION : Tsekouras v Olsen; Olsen v Tsekouras [2007] NSWSC 556

HEARING DATE(S) : 25/5/07

JUDGMENT DATE : 5 June 2007

JUDGMENT OF : Bryson AJ at 1

DECISION : 5641/06 Con Tsekouras v Peter Olsen; 1. Order pursuant to r 13.4 of the Uniform Civil Procedure Rules 2005 that the proceedings be dismissed with costs; 2. The plaintiff's costs are to include the costs of the Notice of Motion of 17 January 2007; 6274/06 Peter Olsen v Con Tsekouras; 1. Order pursuant to s 84(2) of the Supreme Court Act 1970 that Con Tsekouras, herein called the "vexatious litigant", shall not, without leave of this Court institute any legal proceedings against Peter Olsen, herein called the "person aggrieved", in the Supreme Court of New South Wales or in any inferior court of New South Wales and further order that any legal proceedings, instituted by the vexatious litigant against the person aggrieved, in the Supreme Court of New South Wales or in any inferior court of New South Wales, before the making of this order shall not be continued by the vexatious litigant without leave of this Court; 2. Order that the defendant pay the plaintiff's costs of these proceedings on the indemnity basis

CATCHWORDS : PRACTICE and PROCEDURE - vexatious litigant - order under s 84(2) Supreme Court Act 1970 based on defendant's conduct of series of proceedings - summary disposal of his latest claim - indemnity costs.

LEGISLATION CITED : Bankruptcy Act 1966 s 153A Supreme Court Act 1970

Attorney-General v Wentworth (1988) 14 NSWLR 481 Jones Lang Lasalle (Qld) Pty Ltd v Dart [2005] FCA 1614 CASES CITED : Municipal Council v Pedler [1976] 1 NSWLR 478 Public Trustee v Gittoes [2005] NSWSC 373 Ramsey v Skyring 164 ALR 378