Attorney General in and for the State of New South Wales v Beverly Viavattene [2012] NSWSC 902

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Beverly Viavattene [2012] NSWSC 902 Hearing dates: 31/07/2012 Decision date: 09 August 2012 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The defendant's notice of motion filed 4 July 2012 is dismissed. (2) The defendant is to pay the plaintiff's costs as agreed or assessed. Catchwords: PRACTICE AND PROCEDURE - application to strike-out pleadings - Uniform Civil Procedure Rules 2005 rr 13.4 and 14.28 - substantive proceedings by Attorney General to have plaintiff declared a vexatious litigant - strike-out application dismissed Legislation Cited: Conveyancing Act 1919 Judiciary Act 1903 (Cth) Supreme Court Rules 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: General Steel Industries v Commissioner for Railways (NSW) (1964) 112 CLR 125 Brimson v Rocla Concrete Pipes Ltd [1982] 2 NSWLR 937 Walsh v Little [2009] NSWSC 267 Category: Procedural and other rulings Parties: Attorney General in and for the State of New South Wales (Plaintiff) Beverly Viavattene (Defendant) Representation: H Stenning (solicitor) (Plaintiff) Defendant in person Crown Solicitor's Office (Plaintiff) Defendant in person File Number(s): 2012/160892

Judgment 1By summons filed 29 May 2012, the Attorney General in and for the State of New South Wales seeks, firstly, an order that pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, the defendant is prohibited from instituting proceedings in New South Wales without leave of the Court; and secondly, an order that pursuant to s 8(7)(a) of the Vexatious Proceedings Act, all proceedings in New South Wales already instituted by the defendant be stayed. 2By notice of motion filed 4 July 2012, the defendant seeks an order that the proceedings as against her be struck out. It is this notice of motion that I will consider in these reasons. 3Ms Stenning appeared for the Attorney General. The defendant was self represented.