The Hills Shire Council v Stankovic [2017] NSWSC 464

Supreme Court New South Wales

Medium Neutral Citation: The Hills Shire Council v Stankovic [2017] NSWSC 464 Hearing dates: 30 March 2017 Date of orders: 05 May 2017 Decision date: 05 May 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Order made under s 8(7) of the Vexatious Proceedings Act 2008 (NSW) that: (1) Milovan (Michael) Stankovic is prohibited from instituting any proceedings in New South Wales: (a) which are inconsistent with the findings that: (i) the orders made by the Land and Environment Court in proceedings 41243 of 2004 and 2016/00166961 were validly made; or (ii) the sequestration order made in respect of the estate of Milovan (Michael) Stankovic on 12 May 2009 was valid or enforceable; or (iii) the property known or previously known as Lots 1, 2, 4-12 inclusive in deposited plan 1169214, situated at and known as 85-95 Presidents Rd, Kellyville 2155 in the State of New South Wales (Kellyville Property), was validly transferred to Namul Pty Ltd. (b) making any claim in relation to, or alleging loss caused by or misconduct by any person in relation to: (i) orders made against him by the Land and Environment Court in proceedings 41243 of 2004; or (ii) the conduct by The Hills Shire Council or any other person in the course of proceedings between Milovan (Michael) Stankovic and the Hills Shire Council; or (iii) the sequestration order made on 12 May 2009; or (iv) the sale of the Kellyville Property. (2) Proceedings 2016/00166961 in the New South Wales Land and Environment Court are stayed. (3) The usual order as to costs is that they follow the event. That would be an order that Mr Stankovic is to bear the Council's costs as agreed or assessed. Unless the parties approach to be heard on the question of costs within 14 days, that will be the Court's order. Catchwords: PROCEDURE - Vexatious Proceedings Act 2008 (NSW) – orders sought opposed – whether the Council met the onus of establishing that Mr Stankovic has frequently instituted or conducted vexatious proceedings – established – whether Court's discretion to make orders should be exercised – form of orders – orders made – costs Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Vexatious Proceedings Act 2008 (NSW) Vexatious Proceedings Bill 2008 (NSW) Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 Baulkham Hills Shire Council v Stankovic & Anor [2005] NSWLEC 110 Kent and Orlizki, in the matter of the Bankrupt Estate of Milovan Stankovic [2012] FCA 333 Namul Pty Ltd v The Hills Shire Council [2016] NSWLEC 152 Peter Magee t/as Armstrong Legal v Stankovic (District Court (NSW), Kearns DCJ, 10 December 2015, unrep) Potier v Attorney General in and for the State of New South Wales (2015) 89 NSWLR 284; [2015] NSWCA 129 Stankovic v Baulkham Hills Shire Council [2013] FMCA 178 Stankovic v The Hills Shire Council and Namul Pty Ltd [2015] NSWCA 279 Stankovic v Hockey [2014] NSWSC 1019 Stankovic v Hockey [2014] NSWSC 1455 Stankovic v Hockey [2016] NSWSC 31 Stankovic v Magee t/as Armstrong Legal [2014] NSWSC 448 Stankovic v Peter Michael Magee t/as Armstrong Legal [2014] NSWSC 873 Stankovic v Namul Pty Ltd [2013] NSWCA 41 Stankovic v Namul Pty Ltd [2013] NSWCA 276 Stankovic v The Hills Shire Council [2015] NSWCA 279 Stankovic v The Hills Shire Council (No 2) [2007] NSWLEC 870 Stankovic v The Hills Shire Council [2013] FCA 652 Stankovic v The Hills Shire Council [2012] NSWSC 738 Stankovic v The Hills Shire Council [2013] FCA 765 Stankovic v The Hills Shire Council (No 3) [2012] FCA 523 Stankovic v The Hills Shire Council and Namul Pty Ltd [2017] NSWCA 49 Stankovic v State of NSW [2016] NSWSC 18 Stankovic v State of NSW (No 2) [2016] NSWSC 335 Stankovic v State of New South Wales [2016] NSWCA 168 Stankovic v Terry Grant Van Der Velde & Ors [2014] HCASL 109 Stankovic v Van Der Velde [2013] FCAFC 57 Stankovic v Van Der Velde (No 2) [2012] FCA 1437 Stankovic v Van Der Velde (No 3) [2013] FCA 183 The Attorney General for the State of New South Wales v Mohareb [2016] NSWSC 1823 Viavattene v Attorney General (NSW) [2015] NSWCA 44 Category: Principal judgment Parties: The Hills Shire Council (Plaintiff) Milovan (aka Michael) Stankovic (Defendant) Representation: Counsel: Ms S Clemmett (Plaintiff) Mr J Walsh of Brannagh (Defendant)