Attorney General in and for the State of New South Wales v Viavattene [2013] NSWSC 453

Supreme Court New South Wales

Medium Neutral Citation: Attorney General in and for the State of New South Wales v Viavattene [2013] NSWSC 453 Hearing dates: 25/03/2013 Decision date: 03 May 2013 Before: Fullerton J Decision: 1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Beverly Georgina Viavattene 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 Beverly Georgina Viavattene in any court or tribunal in New South Wales before the date of this order are hereby stayed. Catchwords: PROCEDURE - application for vexatious proceedings order pursuant to s 8(7)(b) of the Vexatious Proceedings Act - meaning of vexatious proceedings - whether vexatious proceedings were instituted or conducted frequently - meaning of "frequently" Legislation Cited: Conveyancing Act 1919 Crimes (Appeal and Review) Act 2001 Supreme Court Act 1970 Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 Cases Cited: Attorney General v Altaranesi [2013] NSWSC 63 Attorney General in and for the State of NSW v Gargan [2010] NSWSC 1192 Attorney General of New South Wales v Croker [2010] NSWSC 942 Attorney General of NSW v Wilson [2010] NSWSC 1008 Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398 Viavattene v Davison [2012] NSWSC 901 Category: Principal judgment Parties: Attorney General (Plaintiff) Beverly Georgina Viavattene (Defendant) Representation: Counsel: J Emmett (Plaintiff) In person Solicitors: Crown Solicitor of New South Wales (Plaintiff) In person File Number(s): 2012/169892