NSW Caselaw
New South Wales Supreme Court
CITATION : Siteberg v Maples [2010] NSWSC 1344 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 23 September 2010 and 17 November 2010
JUDGMENT DATE : 26 November 2010
JUDGMENT OF : Ball J
1. The defendant pay the plaintiff's costs of the proceedings so far as those costs relate to the application to set aside the adjudication determination of Mr Les Keady made on or about 22 February 2010; DECISION : 2. The proceedings so far as they seek an order pursuant to s 8 of the Vexatious Proceedings Act 2008 be dismissed; 3. The plaintiff pay the defendant's costs of the proceedings so far as those costs relate to the application under s 8 of the Vexatious Proceedings Act 2008.
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". WORDS AND PHRASES - frequently
Building and Construction Industry Security of Payment Act 1999 (NSW) LEGISLATION CITED : Corporations Act 2001 (Cth) Vexatious Proceedings Act 2008 (NSW)
CATEGORY : Principal judgment
Attorney General of NSW v Wilson [2010] NSWSC 1008 CASES CITED : Jones v Cusack [1992] HCA 40; (1992) 109 ALR 313; 66 ALJR 815 Port of Melbourne Authority v Anshun Pty Ltd (No 1) (1980) 147 CLR 35
PARTIES : Siteberg Pty Limited ACN 052 317 414 (Plaintiff) Bruce John Maples (Defendant)
FILE NUMBER(S) : SC 2010/89224
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