Smith v Jarvie [2014] NSWSC 1823

Supreme Court New South Wales

Medium Neutral Citation: Smith v Jarvie [2014] NSWSC 1823 Hearing dates: 8, 11, 18 December 2014 Decision date: 18 December 2014 Before: McCallum J Decision: Interlocutory order restraining the defendant from instituting or maintaining any proceedings in New South Wales without leave of a judge of the court Catchwords: PRACTICE AND PROCEDURE - vexatious proceedings - former director of company in liquidation instituting small number of vexatious proceedings against liquidator appointed by the court - difficulty serving defendant with originating process - importance of protecting an official liquidator against harm arising directly from the discharge of his office Legislation Cited: Bankruptcy Act 1966 (Cth), s 58(3) Federal Court of Australia Act 1976, s 37AO Vexatious Proceedings Act 2008, ss 6, 8,14 Cases Cited: HWY Rent Pty Ltd v HWY Rentals (in liquidation) (No 2) [2014] FCA 449 Jones v Cusack [1992] HCA 40; [1992] 109 ALR 313 Category: Interlocutory applications Parties: Michael John Morris Smith (first plaintiff) HWY Rentals Pty Ltd (in liquidation) (ACN 109 796 901) (second plaintiff) Russell Alan Jarvie (first defendant) Mark Roufeil (second defendant) Representation: Counsel: R Marshall, H Durack (plaintiffs) No appearance by the first defendant M Roufeil (second defendant) (submitting appearance filed) Solicitors: Gilis Delaney Lawyers (plaintiffs) File Number(s): 2014/360603 Publication restriction: None