David Ian Mansfield as Trustee of the Bankrupt Estate of Maria Fokas v Maria Fokas [2018] NSWSC 249

Supreme Court New South Wales

Medium Neutral Citation: David Ian Mansfield as Trustee of the Bankrupt Estate of Maria Fokas v Maria Fokas [2018] NSWSC 249 Hearing dates: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Common Law Before: Fagan J Decision: 1. The notices of motion filed by Ms Fokas on 12 December 2017, 13 December 2017, 21 December 2017, 27 December 2017 and 28 February 2018 are dismissed.

2. Ms Fokas is to pay the costs of the respondents to those notices of motion.

3. Ms Fokas' application for a stay of these orders is refused.

4. Pursuant to s 8(7) of the Vexatious Proceedings Act 2008 (NSW) Maria Fokas is prohibited from instituting proceedings in New South Wales. Catchwords: ESTOPPEL – by judgment – res judicata or cause of action estoppel – where notices of motion seek to re-agitate matters already decided – bankrupt litigant – where order previously made for possession of property by trustee in bankruptcy – where issues raised would fall within exclusive federal bankruptcy jurisdiction pursuant to the Bankruptcy Act 1966 (Cth)

CIVIL PROCEDURE – parties – vexatious litigants – declaration of – "vexatious proceedings" under s 6 of the Vexatious Proceedings Act 2008 (NSW) – proceedings amounting to abuse of process – proceedings pursued without reasonable grounds – where proceedings re-agitate matters already decided – where relief sought precluded by earlier orders Legislation Cited: Bankruptcy Act 1966 (Cth) Bankruptcy Regulations 1996 (Cth) Vexatious Proceedings Act 2008 (NSW) Cases Cited: David E Mansfield v Fokas (Supreme Court (NSW), Wilson J, 9 August 2017, unrep) Fokas v Mansfield [2017] NSWCA 231 Fokas v Mansfield (No. 2) [2017] NSWCA 261 Fokas v Mansfield (No 3) [2017] NSWCA 315 Category: Principal judgment Parties: David Ian Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (plaintiff) Maria Fokas (defendant/applicant) Australian Financial Security Authority (respondent) David Ian Mansfield as Trustee of the Bankrupt Estate of Maria Fokas (respondent) Deloitte Pty Ltd Company, Australia, Parramatta (respondent) Land and Property Management Authority (respondent) Registrar-General (interested person) Representation: Counsel: Mr Michael Dawson (plaintiff/respondents)