Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWSC 408

Supreme Court New South Wales

Medium Neutral Citation: Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWSC 408 Hearing dates: 15 and 16 April 2020 Date of orders: 16 April 2020 Decision date: 16 April 2020 Jurisdiction: Equity - Duty List Before: Lindsay J Decision: (1) DECLARE that, pursuant to section 13(2) of the Vexatious Proceedings Act 2008 NSW, the Notice of Motion filed by Vitomir Zepinic (also known as Vito Zepinic) on 23 March 2020 has been stayed until it is dismissed (or taken to be dismissed) under section 13 of the Act.

(2) ORDER that the Notice of Motion filed on 23 March 2020 be dismissed pursuant to section 13(4)(b) of the Vexatious Proceedings Act 2008.

(3) ORDER that Vitomir Zepinic (also known as Vito Zepinic) pay Chateau Constructions (Aust) Ltd's costs of and incidental to the Notice of Motion filed on 23 March 2020 on an indemnity basis, assessed in the gross sum of $5,000.00 (excluding GST), pursuant to section 98(4)(c) of the Civil Procedure Act 2005 NSW. Catchwords: VEXATIOUS proceedings – Dismissal of Notice of Motion filed without leave – Abuse of process. Legislation Cited: Civil Procedure Act 2005 NSW Vexatious Proceedings Act 2008 NSW Cases Cited: Chateau Constructions (Aust) Ltd v Zepinic [2020] NSWSC 266. Nina Zepinic v Chateau Constructions (Aust) Ltd [2020] NSWSC 86)

Vito Zepinic v Chateau Constructions (Aust) Ltd [2018] NSWCA 317) Zepinic v Chateau Constructions (Aust) Ltd [2017] NSWSC 582 Texts Cited: - Category: Procedural and other rulings Parties: Applicant: Vito Zepinic Respondent: Chateau Constructions (Aust) Ltd Representation: Counsel: -