Attorney General in and for the State of NSW v Gargan [2010] NSWSC 1192

New South Wales Supreme Court

CITATION : Attorney General in and for the State of NSW v Gargan [2010] NSWSC 1192

HEARING DATE(S) : 30 August 2010

JUDGMENT DATE : 1 November 2010

JURISDICTION : COMMON LAW

JUDGMENT OF : Davies J

DECISION : (1) Pursuant to s 8(7)(b) Vexatious Proceedings Act 2008 Peter Alexander Gargan 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 Peter Alexander Gargan in any court or tribunal in New South Wales before the date of this order are hereby stayed. (3) Order that Peter Alexander Gargan 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 - repeated re-litigation of issues determined against the Defendant - failure to pay costs orders in respect of dismissed proceedings.

Bankruptcy Act 1966 (Cth) Crimes Act 1914 (Cth) Criminal Code Act 1995 (Cth) Criminal Procedure Act 1986 (NSW) Federal Court of Australia Act 1976 (Cth) LEGISLATION CITED : Federal Court Rules (Cth) Fines Act 1996 (NSW) Supreme Court Act 1970 Uniform Civil Procedure Rules Vexatious Litigants Act 1981 (Qld) Vexatious Proceedings Act 2008