Luke v Kwon [2011] NSWSC 36

Supreme Court New South Wales

Medium Neutral Citation: Luke v Kwon [2011] NSWSC 36 Hearing dates: 31 January 2011 Decision date: 14 February 2011 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings no. 417800 of 2010 in this Court between the defendant as plaintiff and the plaintiffs as defendants are stayed. Subject to section 14 of the Vexatious Proceedings Act 2008, the defendant is prohibited from commencing any proceedings in the State of New South Wales against either of the plaintiffs. The defendant is to pay the plaintiffs' costs of the proceedings. Catchwords: Vexatious proceedings - whether plaintiff has frequently instituted or conducted vexatious proceedings - where small number of proceedings instituted - defendant persisting in filing pleadings repeating the same allegations where earlier pleadings struck out - orders made limited to prohibiting proceedings against the plaintiffs Legislation Cited: Vexatious Proceedings Act 2008 Uniform Civil Procedures Rules rule 14.28 Cases Cited: Attorney-General of NSW v Wilson [2010] NSWSC 1008 Attorney-General v Gargan [2010] NSWSC 1192 Jones v Cusack [1992] HCA 40; [1992] 109 ALR 313 Siteberg Pty Ltd v Maples [2010] NSWSC 1344 Category: Principal judgment Parties: Sylvia Luke and Frank Luke (Plaintiffs) Ki Bun Kwon (Defendant) Representation: Counsel: JR Young (Plaintiffs) In person (Defendant) Solicitors: Kim & Associates (Plaintiffs) File Number(s): 2010/289332