NSW Caselaw
New South Wales Supreme Court
CITATION : Attorney General of NSW v Wilson [2010] NSWSC 1008
HEARING DATE(S) : 15 July 2010
JUDGMENT DATE : 23 September 2010
JURISDICTION : COMMON LAW
JUDGMENT OF : Davies J
DECISION : (1) Pursuant to s 8(7)(b) Vexatious Proceedings Act 2008 John Wilson is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act. (2) Any legal proceedings instituted by John Wilson in any court or tribunal in New South Wales before the date of this order are hereby stayed. (3) Order that John Wilson is not to be allowed to file and is hereby restrained from filing and also from serving any Notice of Motion in any proceedings currently before any court or tribunal in New South Wales, and is not to be allowed to make and is hereby restrained from making any oral application in such proceedings without the leave of a judge of an appropriate court under that Act. (4) The Defendant is to pay the Plaintiff's costs of the proceedings.
CATCHWORDS : PROCEDURE - application for vexatious proceedings order pursuant to s 8 Vexatious Proceedings Act - whether proceedings are vexatious - whether vexatious proceedings were instituted or conducted frequently - meaning of "frequently".
Dental Practice Act 2001 High Court Rules 1952 Income Tax Assessment Act 1997 (Cth) LEGISLATION CITED : Supreme Court Act 1970 Supreme Court Rules 1970 Taxation Administration Act 1953 (Cth) Uniform Civil Procedure Rules Vexatious Proceedings Act 2008
CATEGORY : Principal judgment
Attorney General of New South Wales v Croker [2010] NSWSC 942 Attorney General v Bar Mordecai [2005] NSWSC 142 Attorney-General v Ebert (No. 1) [2005] BPIR 1029 Attorney General v Wentworth (1988) 14 NSWLR 481 Attorney-General for the State of Victoria v Weston [2004] VSC 314 Brogden v Attorney-General [2001] NZCA 208; [2001] NZAR 809 CASES CITED : Hambleton v Labaj [2010] QSC 124 In Re Boaler [1915] 1 KB 21 Jones v Cusack [1992] HCA 40; (1992) 109 ALR 313; 66 ALJR 815 Matchett v Deputy Commissioner of Taxation; Lattimore v Deputy Commissioner of Taxation (unreported – Supreme Court NSW, O'Keefe J – 23 October 2000) National Australia Bank Limited v Freeman [2006] QSC 086 Re De W Kennedy (Finance) Pty Ltd v Ley (unreported – Supreme Court NSW, Holland J – 29 March 1978) Registrar of the Court of Appeal v Willesee [1984] 2 NSWLR 378
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