Nobarani v Mariconte [2016] NSWCA 175

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Nobarani v Mariconte [2016] NSWCA 175 Hearing dates: 14 March 2016 Date of orders: 14 March 2016 Decision date: 14 March 2016 Before: Emmett AJA Decision: 1. Order that the notice of appeal filed on 2 February 2016 be struck out. 2. Order the appellant to pay the costs thrown away by the two amendments of the notice of appeal and of the notice of motion for striking out of the notices of appeal. 3. Direct that any amended notice of appeal be filed no later than 4 April 2016. 4. Order that the proceedings be stayed, other than for the purposes of filing the second amended notice of appeal or for the purposes of assessing or taxing the costs referred to in Order 2. 5. Grant leave to the appellant, if so disposed, to apply to vary the terms of the stay referred to in Order 4. 6. Order that the respondent's notice of motion be otherwise dismissed. Catchwords: PRACTICE AND PROCEDURE – application to make vexatious proceedings orders – deficiencies in filed notices of appeal – whether leave should be granted to file a third amended notice of appeal Legislation Cited: Vexatious Proceedings Act 2008 (NSW)

Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Homayoun Nobarani (Appellant) Teresa Anne Mariconte (Respondent) Representation: Counsel: In person (Appellant) Mr C Hickey (Respondent)

Solicitors: In person (Appellant) Michael E Bradstreet, Solicitor (Respondent) File Number(s): 2015/180017 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2015] NSWSC 667 Date of Decision: 22 May 2015 Before: Slattery J File Number(s): 2015/8282