Kostov v State of New South Wales [2019] NSWCA 17

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kostov v State of New South Wales [2019] NSWCA 17 Hearing dates: 11 February 2019 Decision date: 11 February 2019 Before: McCallum JA Decision: The applicant's notice of motion dated 9 January 2019 is dismissed Catchwords: CIVIL PROCEDURE – parties – vexatious litigants – application for removal of name from public vexatious litigants register pending determination of appeal against vexatious proceedings order – statutory obligation on Registrar to maintain register – whether within Court's power to direct removal of name pending appeal Legislation Cited: Vexatious Proceedings Act 2008 (NSW), ss 11, 14 Supreme Court Act 1970 (NSW), ss 23, 46, 101 Cases Cited: Viavettene v Attorney General of New South Wales [2014] NSWCA 218 Klewer v Attorney General of New South Wales [2010] NSWCA 219 Potier v Attorney General of New South Wales [2014] NSWCA 256 Category: Procedural and other rulings Parties: Adriana Kostov (plaintiff) State of New South Wales (defendant) Representation: Counsel: Plaintiff self-represented D Birch (defendant)

Solicitors: Crown Solicitors Office NSW (defendant) File Number(s): 2019/02699 Publication restriction: None Decision under appeal Court or tribunal: Supreme Court of New South Wlaes Jurisdiction: Common Law Citation: [2018] NSWSC 1800 Date of Decision: 19 November 2018 Before: Fagan J File Number(s): 2018/300259