Application by Lucy Klewer [2014] NSWSC 1539

Supreme Court New South Wales

Medium Neutral Citation: Application by Lucy Klewer [2014] NSWSC 1539 Hearing dates: On the papers Decision date: 07 November 2014 Jurisdiction: Common Law Before: Garling J Decision: (1) Summons filed 22 October 2014 is dismissed. Catchwords: PRACTICE - civil - Vexatious Proceedings Act 2008, s 14 - leave to institute proceedings; application for - seeking an order that plaintiff be appointed as tutor for son in existing proceedings - supporting affidavit requirements -Vexatious Proceedings Act 2008, s 15 - dismissal of application - affidavit substantially complies with minimum statutory requirements, whether - dismissal Cases Cited: Application by Michael Bar-Mordecai [2012] NSWSC 501 Attorney-General in and for the State of NSW v Klewer (No.3) [2010] NSWSC 9 Category: Principal judgment Parties: Lucy Klewer (Applicant) Representation: Counsel: N/A N/A File Number(s): 2014/309403

Judgment 1On 22 October 2014, Lucy Klewer filed a Summons in which she claims the following relief: "1. An order under s. 14 of the Vexatious Proceedings Act 2008 granting leave to the applicant for the purposes of tutor status for son Robert Klewer in current Supreme Court proceedings numbered 2009/297327." (sic) 2Properly understood, the order sought leave pursuant to the Vexatious Proceedings Act 2008, for Ms Klewer to commence proceedings by way of a Notice of Motion in proceedings 2009/297327, seeking an order that she be appointed as the tutor of the plaintiff in those proceedings, who is her son, Robert. 3In support of that Summons, Ms Klewer filed an affidavit sworn on 14 October 2014, and a document indicating her consent to act as tutor in the proceedings involving her son, Robert. 4In addition to those documents, on 22 October 2014, Ms Klewer filed submissions which related to the Summons and the Application.