Viavattene v Morton and Ors [2015] NSWSC 1693

Supreme Court New South Wales

Medium Neutral Citation: Viavattene v Morton and Ors [2015] NSWSC 1693 Hearing dates: 30 October 2015 Date of orders: 13 November 2015 Decision date: 13 November 2015 Jurisdiction: Common Law Before: Campbell J Decision: Declare that these proceedings are proceedings of a kind to which the order of the Court of Appeal under s 8(7)(c) of the Vexatious Proceedings Act 2008 (NSW) pronounced on 13th March 2015 relate; Subject to Order 3, under s 8(7)(a) of the Vexatious Proceedings Act 2008 (NSW) stay these proceedings; Direct the Registrar to list the matter before me at 9:30 am on Friday, 4th December 2015 with notice to Mr Viavattene requiring him to show cause why the appeal should not be dismissed as incompetent. Direct the Registrar to give notice of these orders to the defendants. Catchwords: VEXATIOUS PROCEEDINGS – applicant seeks to file notice of motion instituting proceedings for contempt of court against defendants – where defendants are subject of previous order not to harass, assault etc applicant – applicant has been declared vexatious by Court of Appeal – notice of motion caught by Court of Appeal orders

APPEAL – right of appeal – grounded in statute Legislation Cited: Crimes (Appeal and Review) Act 2001 (NSW); Crimes (Domestic and Personal Violence) Act 2007 (NSW); Local Court Act 2007 (NSW); Real Property Act 1900 (NSW); Supreme Court Act 1970 (NSW); Supreme Court Rules 1970 (NSW); Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General in and for the State of New South Wales v Peter Steven Viavattene [2014] NSWSC 327; Bar-Mordecai v State of New South Wales; Bar-Mordecai v Attorney General (NSW) [2012] NSWCA 207; 83 NSWLR 125; Grierson v The King [1938] HCA 45; 60 CLR 431; Viavattene v Attorney General (NSW) [2015] NSWCA 44 Category: Principal judgment Parties: Peter Stephen Viavattene (Plaintiff); Bruce Morton (First Defendant; Evelyn Birch (Second Defendant); John Gilleat (Third Defendant); Representation: Counsel: Self-Represented (Plaintiff) No appearance (First, Second and Third Defendant)