Klewer v Attorney General in and for the State of New South Wales [2010] NSWCA 219

New South Wales Court of Appeal

CITATION: Klewer v Attorney General in and for the State of New South Wales [2010] NSWCA 219

HEARING DATE(S): 23 August 2010

JUDGMENT DATE: 29 September 2010

JUDGMENT OF: McColl JA at 1; Campbell JA at 1; Sackville AJA at 1

1. The applicant is granted an extension of time to file an application for leave to appeal against the orders made on 5 February 2010. DECISION: 2. The application for leave to appeal against the orders made on 5 February 2010 is dismissed. 3. The applicant is to pay the respondent's costs of the application.

CATCHWORDS: VEXATIOUS LITIGANT - order made under s 84(1) of the Supreme Court Act 1970 that the applicant not institute any proceedings without leave – application for leave to appeal against the order – whether leave required under the Vexatious Proceedings Act 2008 to institute the leave application – whether leave to appeal required - leave to appeal refused.

Supreme Court Act 1970, ss 84, 101 LEGISLATION CITED: Vexatious Proceedings Act 2008, ss 4, 5, 6, 8, 9, 13, 14, 15, 16, sch 1 Uniform Civil Procedure Rules 2005, Part 7, Div 9

CATEGORY: Principal judgment

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Attorney General (NSW) v Klewer (No 2) [2009] NSWSC 454 Attorney General (NSW) v Klewer (No 3) [2010] NSWSC 9; 264 ALR 535 Attorney General (NSW) v Spautz [2000] NSWSC 45 Bole v Horton (1673) Vaugh 360; 124 ER 1113 Bristol-Myers Squibb Co v F H Faulding & Co Ltd [2000] FCA 316; 97 FCR 524 Commonwealth Bank v Heinrich (No 2) [2003] SASC 436 CASES CITED: Conde v Gilfoyle and Anor [2010] QCA 109 Hall v Nominal Defendant [1966] HCA 36; 117 CLR 423 Kay v Attorney-General [2000] VSCA 176; 2 VR 436 Niemann v Electronic Industries Ltd [1978] VR 431 Osborne v Rowlett (1880) 13 Ch D 774 Pedler v Hunters Hill Municipal Council [1976] 2 NSWLR 411 Shaw v McGinty (Attorney-General) [2006] WASCA 231 Valassis v McCabe [1999] NSWCA 423