Macatangay v State of New South Wales [2012] NSWCA 341

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Macatangay v State of New South Wales [2012] NSWCA 341 Hearing dates: On the papers Decision date: 25 October 2012 Before: Macfarlan JA; Sackville AJA; Tobias AJA Decision: 1. The applicant's notice of motion filed on 8 October 2012 seeking leave to file a further application be dismissed. 2. Direct the applicant, if she wishes to do so, to file with the Court within 14 days of the date of publication of these reasons a written submission as to why the Court should not make a vexatious proceedings order. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - repetitious applications - alleged abuse of process - no arguable point to support complaint - applicant to show cause why a vexatious proceedings order should not be made Legislation Cited: Child Protection (Offenders Registration) Act 2000 Vexatious Proceedings Act 2008 Cases Cited: Macatangay v State of New South Wales (NSWCA, Handley and Sackville AJJA, unreported, 20 September 2010) Macatangay v State of New South Wales [2012] NSWCA 108 Macatangay v State of New South Wales [2012] NSWCA 305 Category: Procedural and other rulings Parties: Miguela Alvarez Macatangay (Applicant) State of New South Wales (Respondent) Representation: Counsel: N/A Solicitors: N/A File Number(s): CA2005/20144 or 2005/269316 Decision under appeal Citation: Macatangay v State of New South Wales [2007] NSWSC 57 Date of Decision: 2007-02-09 00:00:00 Before: Grove J File Number(s): 2005/20144