Application by John Wilson [2016] NSWSC 1527

Supreme Court New South Wales

Medium Neutral Citation: Application by John Wilson [2016] NSWSC 1527 Hearing dates: On the Papers Date of orders: 28 October 2016 Decision date: 28 October 2016 Jurisdiction: Common Law Before: Wilson J Decision: (1) Within 14 days of the date of these orders the applicant is to serve each relevant person with a copy of the following documents: (a) Summons filed in the Registry of this Court on 29 September 2016; (b) Affidavit of John Wilson of 1 September 2016 filed in support of the summons; (c) Affidavit of Martin Thomas Slattery of 28 September 2016, and annexed documents A – F inclusive; (d) Submissions filed by the applicant on 20 October 2016; (e) Copy of this judgment; and (f) A notice that the person is entitled to be heard on the application.

(2) For the purposes of order (1) above, "relevant persons" are: (a) the proper officer, Australian Broadcasting Corporation; (b) the Attorney General; and (c) the Solicitor General.

(3) Any relevant person who wishes to be heard in relation to the determination of the application pursuant to s 14(2) of the Vexatious Proceedings Act 2008 (NSW) is to file any written submissions in the Registry of this Court within 21 days of receipt of the documents referred to in order (1) above, serving a copy of such submissions on the applicant.

(4) The application will be determined on the papers. Catchwords: PROCEDURE – vexatious litigant – Vexatious Proceedings Act 2008 (NSW) – application for preliminary discovery pursuant to rr 5.3 and 5.4 of the Uniform Civil Procedure Rules 2005 (NSW) – application for leave to institute proceedings Legislation Cited: Defamation Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney General of NSW v Wilson [2010] NSWSC 1008 Category: Principal judgment Parties: John Wilson (Applicant) Representation: Solicitor: Carroll & O'Dea Lawyers (Applicant) File Number(s): 2016/292059