Croker v Samsung Electronics Co Ltd [2018] NSWSC 345

Supreme Court New South Wales

Medium Neutral Citation: Croker v Samsung Electronics Co Ltd [2018] NSWSC 345 Hearing dates: On the papers Date of orders: 19 March 2018 Decision date: 19 March 2018 Jurisdiction: Common Law Before: Davies J Decision: (1) Refuse leave to institute proceedings against Samsung Electronics Co Limited and Samsung Electronics Australia Pty Limited.

(2) Dismiss the Summons. Catchwords: CIVIL PROCEDURE – parties – vexatious litigants – leave to institute proceedings – Vexatious Proceedings Act 2008 (NSW) – applicant sought leave to proceed with claim dismissed by NCAT – no need for oral hearing – affidavit did not comply with s 14(3)(a) and (c) – no prima facie ground for the proceedings - proceedings vexatious within meaning of s 6(b) – leave refused Legislation Cited: Civil Procedure Act 2005 (NSW), s 146 Competition and Consumer Act 2010 (Cth), sch 2 Federal Court of Australia Act 1976 (Cth), s 37AO(2) Uniform Civil Procedure Rules 2005 (NSW), r 42.34 Vexatious Proceedings Act 2008 (NSW), ss 6, 8(7), 14-16 Cases Cited: Application by Bar-Mordecai [2013] NSWSC 1908 Attorney General of New South Wales v Croker [2010] NSWSC 942 Soden v Croker (No. 2) [2016] FCA 15; (2016) 334 ALR 540 Category: Procedural and other rulings Parties: Clayton Robert Croker (Plaintiff) Samsung Electronics Co Ltd (First Defendant) Samsung Electronics Australia Pty Ltd (Second Defendant) Representation: Counsel: On the papers