Application of Miguela Alvarez Macatangay [2018] NSWSC 42

Supreme Court New South Wales

Medium Neutral Citation: Application of Miguela Alvarez Macatangay [2018] NSWSC 42 Hearing dates: On the papers Date of orders: 02 February 2018 Decision date: 02 February 2018 Jurisdiction: Common Law Before: Fagan J Decision: Application for leave under the Vexatious Proceedings Act 2008 (NSW) to commence proceedings refused. Catchwords: CIVIL PROCEDURE – parties – vexatious litigants – leave to institute proceedings Legislation Cited: Vexatious Proceedings Act 2008 (NSW) Cases Cited: Craig Andrew Betts – Application under Vexatious Proceedings Act 2008 [2013] NSWSC 1121 Macatangay v State of New South Wales [2007] NSWSC 57 Macatangay v State of New South Wales (NSWCA, unreported, 8 November 2007) Macatangay v State of New South Wales (No 2) [2009] NSWCA 272 Macatangay v State of New South Wales (NSWSC, RS Hulme J, unreported, 20 May 2010) Macatangay v State of New South Wales [2012] NSWCA 108 Macatangay v State of New South Wales [2012] NSWCA 305 Macatangay v State of New South Wales [2012] NSWCA 374 Category: Procedural and other rulings Parties: Miguela Alvarez Macatangay Representation: Applicant in person File Number(s): 17/300450 Publication restriction: Nil

Judgment 1. On 15 November 2012 the Court of Appeal ordered pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW) that proceedings Nos 20144 and 269316 of 2005, which had been instituted by the applicant in the Common Law Division, be stayed and that she be prohibited from instituting any further proceedings in New South Wales relating to any of the claims or complaints made by her in those matters: Macatangay v State of New South Wales [2012] NSWCA 374. 2. The applicant now applies for leave pursuant to s 14(2) of the Act to institute new proceedings against the State of New South Wales. She has not supplied a draft of proposed originating process but from her written submissions in support of the application, filed on 5 and 17 October 2017, it is possible to ascertain the nature of the proceeding she now seeks leave to commence. To understand this it is necessary to refer to the history of earlier litigation. 3. The applicant was employed by the New South Wales Department of Education and Training from July 1999. On 4 September 2002 she commenced proceedings (No 5099/02) in the Industrial Relations Commission (IRC) for unfair dismissal on the basis that she was under threat of dismissal. The history of the IRC proceedings is set out in a judgment of Grove J handed down in a subsequent proceeding in this court: Macatangay v State of New South Wales [2007] NSWSC 57 at [9] – [17]. Shortly stated, on 25 June 2004 Commissioner Macdonald found that the applicant's unfair dismissal claim had been settled following negotiations in March 2003 and he dismissed the claim accordingly. The applicant disputed that the claim had been settled. Her appeal to a full bench of the IRC was dismissed on 28 February 2005.