Samootin v Shea [2012] NSWCA 378

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Samootin v Shea [2012] NSWCA 378 Hearing dates: On papers Decision date: 20 November 2012 Before: Campbell JA Decision: (1) The application for leave to appeal filed by Mrs Samootin on 31 May 2012 be dismissed as an abuse of process. (2) The Registrar is directed, should Mrs Samootin file a further court process seeking, in substance, leave to appeal from any of the following decisions: Palmer J 1 August 2003 Palmer J 27 August 2003 Palmer J 24 June 2004 Palmer J 28 June 2004 Palmer J 20 June 2008 Hammerschlag J 16 July 2007 Hammerschlag J 17 July 2007 Hammerschlag J 30 July 2007 Hammerschlag J 3 September 2007 to promptly vacate the return date, notify the parties, and refer the papers to a Judge nominated by the President to determine, in chambers, whether the court should fix a new return date and notify the parties, or whether Ms Samootin should be invited to show cause in writing why the Court should not, in chambers, summarily dismiss the proceedings as vexatious and an abuse of process. [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 - abuse of process - where proceedings claim relief applicant lacks standing to seek, and lack of standing has been held in earlier proceedings to exist - proceedings dismissed as abuse of process