NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: De Varda v Austin [2018] NSWCA 263 Hearing dates: 22 October 2018 Decision date: 12 November 2018 Before: Beazley P Decision: (1) Declare that the summons seeking leave to appeal filed 7 September 2018, insofar as it seeks leave to appeal from the order dismissing the 2018 proceedings, stands dismissed pursuant to the Vexatious Proceedings Act 2008 (NSW), s 13(3);
(2) The applicants' notice of motion of 9 October 2018 be dismissed;
(3) The applicants to pay the first respondent's costs of the notice of motion of 9 October 2018;
(4) There be no order as to the costs of the second, third and fourth respondents on the applicants' notice of motion of 9 October 2018;
(5) The applicants to pay the second, third and fourth respondents' costs of the notice of motion filed 2 October 2018. Catchwords: CIVIL PROCEDURE – Parties – Vexatious litigants – Stay of proceedings – leave to appeal from Vexatious Proceedings Order – Declaration that balance of proceedings be dismissed pursuant to Vexatious Proceedings Act 2008 (NSW), s 13
CIVIL PROCEDURE – referral for pro bono assistance – whether to make an order under UCPR, r 7.36 referring applicants to the registrar for referral for pro bono assistance
COSTS – Party/Party – Court's discretion Legislation Cited: Supreme Court Act 1970 (NSW), s 101 Uniform Civil Procedure Rules 2005 (NSW) (UCPR), rr 7, 51 Vexatious Proceedings Act 2008 (NSW), ss 3, 12, 13, 14 Cases Cited: Mahmoud v Attorney General of New South Wales [2017] NSWCA 12 Potier v Attorney General in and for the State of New South Wales (2015) 89 NSWLR 284; [2015] NSWCA 129 Category: Principal judgment Parties: Joseph de Varda (Applicant) Samuel Tov-Lev (Second Applicant) David Austin (First Respondent) Eddy Neumann (Second Respondent) Murray Selig (Third Respondent) John Lowbeer (Fourth Respondent) Representation: Counsel: In person (Applicants) S Callan (First Respondent) J McDonald; M Cobb-Clark (Second, Third and Fourth Respondents)
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