Attorney General for the State of New South Wales v Mahmoud [2015] NSWSC 899

Supreme Court New South Wales

Medium Neutral Citation: Attorney General for the State of New South Wales v Mahmoud [2015] NSWSC 899 Hearing dates: 9 March 2015 Date of orders: 24 September 2015 Decision date: 24 September 2015 Jurisdiction: Common Law Before: Rothman J Decision: (1) Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Mr Tosson Mahmoud is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act; (2) Pursuant to s 8(7)(a) of the Vexatious Proceedings Act, any legal proceedings instituted by Mr Tosson Mahmoud 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 ss 8(7)(a) and (b) of the Vexatious Proceedings Act - whether proceedings the defendant has frequently instituted and conducted are "vexatious" – numerous proceedings commenced in NSW – repeated re-litigation of issues determined against the defendant Legislation Cited: Evidence Act 1995 Strata Schemes Management Act 1996 Supreme Court Act 1970 Vexatious Proceedings Act 2008 Cases Cited: Attorney General (NSW) v Altaranesi [2013] NSWSC 63 Attorney General (NSW) v Bar-Mordecai [2005] NSWSC 142 Attorney General (NSW) v Crocker [2010] NSWSC 942 Attorney General (NSW) v Ebert [2002] 2 All ER 789 Attorney General (NSW) v Gargan [2010] NSWSC 1192 Attorney General in and for the State of New South Wales v Mahmoud [2014] NSWSC 392 Attorney General in and for the State of New South Wales v Mahmoud [2014] NSWSC 970 Attorney General in and for the State of New South Wales v Mahmoud [2014] NSWSC 1378 Attorney General in and for the State of New South Wales v Mahmoud [2015] NSWSC 153 Attorney General (NSW) v Viavattene [2014] NSWSC 327 Attorney General (NSW) v Wilson [2010] NSWSC 1008 Brogden v Attorney General [2001] NZAR 805 Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403 Gargan v Kippin Investments Pty Ltd [2009] FCA 398 Mahmoud v State of New South Wales [2013] NSWSC 1785 Muir v Council of Trinity Grammar School [2005] 1 NSWSC 555 Official Trustee in Bankruptcy v Gargan (No 2) [2009] FCA 398 Pascoe v Liprini [2011] NSWSC 1484 Siteberg Pty Ltd v Maples [2010] NSWSC 1344 Sullivan v Department of Transport (1978) 20 ALR 323; 1 ALD 383 Category: Principal judgment Parties: Attorney General for the State of New South Wales (Plaintiff) Tosson Mahmoud (Defendant) Representation: Counsel: J Emmett (Plaintiff) In person (Defendant)