NSW Caselaw
New South Wales Court of Appeal
CITATION: Klewer v Official Trustee in Bankruptcy [2010] NSWCA 220
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
DECISION: 1. The application under the Vexatious Proceedings Act 2008 for leave to file the application for leave to appeal against the orders made on 18 December 2009 is dismissed. 2. The applicant is to pay the respondent's costs.
CATCHWORDS: PROCEDURE – summary disposal of claim by trial judge - litigant subject to an order deemed to be a vexatious proceedings order– leave required under the Vexatious Proceedings Act 2008 to apply for leave to appeal – leave refused.
LEGISLATION CITED: Vexatious Proceedings Act 2008, s 16 Bankruptcy Act 1966 (Cth), ss 58, 116
CATEGORY: Principal judgment
Attorney General (NSW) v Klewer (No 3) [2010] NSWSC 9; 264 ALR 535 Jones v Skyring [1992] HCA 39; 109 ALR 303 Kay v Attorney General [2000] VSCA 176; 2 VR 436 CASES CITED: Klewer v Official Trustee in Bankruptcy [2008] FMCA 274 Klewer v Official Trustee in Bankruptcy (No 2) [2008] FCA 1788 Klewer v Attorney General in and for the State of New South Wales [2010] NSWCA 219 Re Vernazza [1960] 1 QB 197
Lucy Patricia Klewer (Applicant) PARTIES: Official Trustee in Bankruptcy (Respondent) Attorney General in and for the State of New South Wales (pursuant to s 16 of the Vexatious Proceedings Act 2008)
FILE NUMBER(S): CA 2008/283972
Applicant in person COUNSEL: F Assaf (Respondent) K E Oliver (Attorney General in and for the State of New South Wales)
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