Supreme Court > Practice & procedure

​​​​

Vexatious proceedings

    What are vexatious proceedings?

    Anyone who frequently and persistently takes legal action without reasonable grounds or for improper purposes can be subjected to a vexatious proceedings order under the Vexatious Proceedings Act 2008(the Act)

    Section 6 of the Act defines vexatious proceedings:

    (a) proceedings that are an abuse of the process of a court or tribunal, and

    (b) proceedings instituted to harass or annoy, to cause delay or detriment, or for another wrongful purpose, and

    (c) proceedings instituted or pursued without reasonable ground, and

    (d) proceedings conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.

    Which courts can make vexatious proceedings orders?

    In New South Wales, the Supreme Court, the Land and Environment Court and the Industrial Court are authorised to make vexatious proceedings orders. The Supreme Court may make orders that impact upon ongoing proceedings in any court or tribunal in New South Wales. However, the Land and Environment Court and the Industrial Court may only make orders concerning proceedings commenced in their own jurisdictions.

    Who can apply for an order?

    The court can make an order of its own motion or any of the following people can apply to have the order made:

    (a) the Attorney General, either on their own or on the recommendation of a judicial officer, member or registrar of a court or tribunal,

    (b) the Solicitor General,

    (c) an appropriate registrar for the Supreme Court, Land and Environment Court or Industrial Court,

    (d) a person against or in relation to whom another person has instituted or conducted vexatious proceedings,

    (e) with leave of the court, a person who, in the opinion of the court, has a sufficient interest in the matter.

    What orders can the court make?

    The Supreme Court can make orders that stay all or part of any current New South Wales proceedings and orders that prohibit the person from starting any new proceedings in New South Wales without the Court's leave. The Land and Environment court and the Industrial court can make similar orders but only in relation to proceedings in their courts.

    The court can vary or set aside vexatious proceedings orders either on its own motion, on the application of the person subject to the order, or on the application of the person who applied for the order.

    An authorised court can also reinstate a vexatious proceedings order if, within 5 years from the date the order was set aside, the person commences or conducts other vexatious proceedings in any Australian Court or Tribunal or acts in concert with another person who starts or conducts vexatious proceedings. The order for reinstatement can only be made by the authorised court responsible for making the original vexatious proceedings order.

    Vexatious proceedings may be commenced against numerous different individuals or several proceedings may be commenced against a particular person, who becomes known as the "person aggrieved".

    When can a court make an order?

    Vexatious proceedings orders can be made if an authorised court is satisfied that a person has frequently started or conducted vexatious proceedings or that a person is acting in concert with a person who is the subject or a vexatious proceedings order.

    When deciding to make a vexatious order, the court can look at all proceedings commenced or conducted by that person in any Australian court or tribunal and any orders made in any Australian court or tribunal.

    A court cannot make a vexatious proceeding order unless the person concerned has been heard or given the opportunity to be heard.

    Notification of orders

    All vexatious proceedings orders are published in the Government Gazette and recorded on the Supreme Court's website in the table below.    

    What happens if new proceedings are commenced contrary to orders?

    If a person commences new court proceedings contrary to previous vexatious proceedings orders, the new proceedings will be stayed until they are dismissed. If not dismissed earlier, the court will automatically dismiss the new proceedings after 28 days.

    How do I seek leave to commence proceedings if I am subject to a vexatious proceedings order?

    To seek leave to commence proceedings you should file

    (1) a summons; and

    (2) an affidavit that:

    (a) lists all occasions you have applied for leave either under section 14 of the Act, section 84 of the Supreme Court Act 1970 or section 70 of the Land and Environment Court Act 1979 (the two pieces of legislation previously governing vexatious proceedings in New South Wales).
    (b) lists all other proceedings you have started in Australia, and

    (c) discloses all facts material to the application, whether supporting or adverse to the application, that are known to the applicant.

    Unless you are ordered to do so, you should not serve the application on any other person.

    The court can either grant your application or dismiss it. The court must dismiss your application if your affidavit does not substantially comply with these requirements, if the proceedings are vexatious, or if there are no undeniable ( prima facie) grounds for the proceedings.

    Before leave is granted, the court will order the applicant to serve all relevant persons and give such people an opportunity to be heard.

    Under section 14(6) of the Act, you may not appeal the court's decision to dismiss your application for leave.

    Please note that the normal filing fee on the summons is payable. You may apply to have the fee waived or reduced if you are unable to pay the full fee.

    How did the concept of vexatious proceedings develop and where can I find the relevant test?

    The test for whether a proceeding is vexatious is set out by Roden J in Attorney General v Wentworth (1988) 14 NSWLR 481 at 491:

    1. Proceedings are vexatious if they are instituted with the intention of annoying or embarrassing the person against whom they are brought.

    2. They are vexatious if they are brought for collateral purposes, and not for the purpose of having the court adjudicate on the issues to which they
    give rise.

    3. They are also properly to be regarded as vexatious if, irrespective of the motive of the litigant, they are so obviously untenable or manifestly groundless as to be utterly hopeless.

    4. In order to fall within the terms of s 84*:
    (a) proceedings in categories 1 and 2 must also be instituted without reasonable ground (proceedings in category 3 necessarily satisfy that requirement);

    (b) the proceedings must have been 'habitually and persistently' instituted by the litigant.


    *This is a reference to section 84 of the Supreme Court Act 1970. Section 84 was repealed when the Vexatious Proceedings Act commenced on 1 December 2008. You can access historical versions of the Supreme Court Act 1970 from the NSW Legislation website: www.legislation.nsw.gov.au

    Is there a register of vexatious litigants and the orders that apply to them?

    Individuals that are currently considered vexatious at the Supreme Court of NSW are listed below. The names of these individuals link to information pertaining to the orders made against them.

    Individuals (alphabetical) considered vexatious under s 84 of the Supreme Court Act 1970:

    Individuals (alphabetical) involved in vexatious proceedings under the Vexatious Proceedings Act 2008:

    Name
    Date of Order
    Order Made By
    Order Made
    Bar-Mordecai, Michael Jacob​ 25/02/2005

    Acting Justice Patten

    Without leave from the Supreme Court of New South Wales, Michael Jacob Bar-Mordecai is restrained from:
    • instituting proceedings in any Court; and
    • continuing any legal proceedings instituted before 25/02/2005.
    Michael Jacob Bar-Mordecai must give the Crown Solicitor at least three days' notice in writing of any application for leave to institute or continue legal proceedings.
    Betts, Craig Andrew 30/09/2004 Justice Hoeben Pursuant to s84(1) of the Supreme Court Act1970, Craig Andrew Betts is restrained from
    • instituting any legal proceedings, whether civil or criminal, in any court in New South Wales;
    • continuing any legal proceedings, whether civil or criminal, without the leave of this Court.
    • instituting (by himself, his servants or agents) any application in any existing civil or criminal legal proceedings in any court in New South Wales, and
    • instituting (by himself, his servants or agents) any appeal in respect of any legal proceedings, whether civil or criminal, in any court in New South Wales.
    Bhattacharya, Pranay Kumar 10/12/2003 Justice Whealy Pursuant to s84(1) of the Supreme Court Act 1970, without the leave of the Supreme Court of New South Wales, Pranay Kumar Bhattacharya is restrained from:
    • instituting any legal proceedings, whether civil or criminal, in any court in New South Wales;
    • continuing any legal proceedings, whether civil or criminal, instituted by Mr. Bhattacharya before 10/12/2003;
    • instituting (by himself , his servants or agents) any application in any existing civil or criminal legal proceedings in any court in New South Wales, and
    • instituting (by himself , his servants or agents) any appeal in respect of any legal proceedings, whether civil or criminal, in any court in New South Wales.
    Cameron, Rita 13/5/2014 Justice Rothman
    1. The summons in matter 2013/366854 be struck out;
    2. Pursuant to s 8(7)(c) and s 8(8)(c) of the Vexatious Proceedings Act 2008, Rita Cameron is prohibited, without leave of the Court under s 14 of the Vexatious Proceedings Act 2008, from instituting or conducting proceedings in the State of New South Wales against Qantas Airways Limited or Qantas Limited, or any related corporation, relating to any injury said to be suffered by her in the course of her employment at Qantas Airways Limited and/or Qantas Limited and/or the status or efficaciousness of any judgment or order of the District Court of New South Wales or the Supreme Court of New South Wales relating to any such personal injury, or the settlement thereof;
    3. The plaintiff shall pay the defendant's costs of and incidental to the proceedings, including the costs of the motion, notice of which was filed 20 February 2014;
    4. Otherwise, proceedings be dismissed.
    Gittoes, Russell Graham aka Caldar, Russell 22/04/2005 Justice White Without leave of the Supreme Court of New South Wales, Russell Graham Gittoes aka Russell Caldar (Mr. Gittoes) is restrained from:
    • instituting any legal proceedings, whether civil or criminal, against the Public Trustee in any court in New South Wales;
    • continuing any legal proceedings, whether civil or criminal, instituted against the Public Trustee before 22/04/2005 in any court in New South Wales;
    • instituting by himself, his servants or agents, any proceedings, whether civil or criminal, against the Public Trustee in ​any court in New South Wales;
    • making any application by himself, his servants or agents in any legal proceedings, whether civil or criminal already instituted against the Public Trustee in any court of this New South Wales, and
    • instituting by himself, his servants or agents, any appeal or application or leave to appeal in respect of legal proceedings, whether civil or criminal, already instituted against the Public Trustee by the leave of this court.
    Jambrecina, Drago 15/11/2002 Justice Levine Drago Jambrecina is declared a vexatious litigant within the meaning of s84(2) of the Supreme Court Act 1970. Without the leave of the Supreme Court, Drago Jambrecina is restrained from:
    • instituting any legal proceedings against Pyramid Building Society Ltd or Farrow Mortgage Services Pty Ltd in any New South Wales court, and
    • continuing any legal proceedings instituted before 15/11/2002 in any New South Wales court against Pyramid Building Society Ltd and/or Farrow Mortgage Services Pty.
    Kanak, Dominic Wy 05/02/2004 Justice O'Keefe Pursuant to s84(1) of the Supreme Court Act 1970, without the leave of the Supreme Court of New South Wales, Dominic Wy Kanak is restrained from:
    • instituting any legal proceedings in any court, and
    • continuing any legal proceedings instituted before 05/02/2004 with the exception of the proceedings filed in the Court of Appeal on 27/02/2003.
    Spautz, Michael Edward 13/06/1990 Justice McInerney Without the leave of the Supreme Court of New South Wales, Michael Edward Spautz by himself, his servants or agents, is restrained from:
    • instituting any legal proceedings, whether civil or criminal, in any Court in New South Wales;
    • instituting any application in any legal proceedings, whether civil or criminal, already instituted in any Court in New South Wales, and
    • instituting any appeal in respect of any legal proceedings, whether civil or criminal, in any Court in New South Wales.
    • Mr. Spautz must give the Crown Solicitor at least three days' notice of any application for leave.
    Tsekouras, Con 05/03/2003








    05/06/2007
    Justice Palmer








    Acting Justice Bryson
    Pursuant to s84(2) of the Supreme Court Act 1970, without leave from the Supreme Court of New South Wales, Mr. Con Tsekouras is restrained from:
    • instituting any legal proceedings against Vivieca Evangelinidis in any court, and
    • continuing any legal proceedings instituted before 5/3/2003 against Vivieca Evangelinidis in any court.

    Pursuant to s84(2) of the Supreme Court Act 1970, without leave from the Supreme Court of New South Wales, Con Tsekouras is restrained from:
    • instituting any legal proceedings against Peter Olsen in any court, and
    • continuing any legal proceedings instituted before 05/06/2007 against Peter Olsen in any court.
    West, Raymond Stanley 19/11/1992 Justice Newman Raymond Stanley West is declared a vexatious litigant within the terms of s84(1) of the Supreme Court Act 1970. Without the leave of the Supreme Court of New South Wales, Raymond Stanley West by himself, his servants or agents, is restrained from:
    • instituting any legal proceedings, whether civil or criminal, in any court in New South Wales;
    • continuing any legal proceedings, whether civil or criminal, in any court in New South Wales, and
    • taking any step to institute or continue any legal proceedings, whether civil or criminal, in any court in New South Wales.
    Witt, Frank Raleigh 21/12/2006 Justice Rothman Frank Raleigh Witt is declared a vexatious litigant within the meaning of s84(2) of the Supreme Court Act 1970. Without the leave of the Supreme Court, Frank Raleigh Witt is restrained from:
    • instituting proceedings against Kenneth Alan Cox in any Court; and
    • continuing any legal proceedings against Kenneth Alan Cox instituted before 21/12/2006.



     

    Name
    Date of Order
    Order Made By
    Order Made
    Altaranesi, Tareq 15/02/2013 Justice Slatt​ery
    1. Except to the extent provided for in order (3), all and every part of proceedings brought by Tareq Altaranesi in New South Wales are stayed.
    2. Tareq Altaranesi is prohibited from instituting proceedings in New South Wales without leave of the Court.
    3. Tareq Altaranesi may continue to conduct the proceedings No. 2012/00337720 in the Local Court up to judgment or other resolution at first instance.
    Budd, Pamela Joan Theresa 19/4/2013 Justice Hall
    1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Pamela Joan Theresa Budd is ;prohibited from instituting proceedings in New South Wales other than with leave of the an appropriate court under the Act.
    2. Subject to Note1, the defendant is to pay the plaintiff's costs on the ordinary basis.
    3. The defendant's application under the Court Suppression and Non-Publication Orders Act 2010 is refused.
    Chan, Yau Hang 04/11/2011 Justice Adamson
    • Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, the Defendant is prohibited from instituting proceedings in New South Wales without leave of the Court.
    • Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008, all of the proceedings in New South Wales already instituted by the Defendant be stayed.
    Croker, Clayton Robert 22/07/2010 Justice Fullerton
    • Pursuant to s.8(7) (b) of the Vexatious Proceedings Act 2008, Clayton Robert Croker is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act.
    • Any legal proceedings instituted by Clayton Robert Croker in any court or tribunal in New South Wales before the date of this order are hereby stayed.
    Fleet, Robert 26/02/2010 Justice Pain (Land and Environment Court) Dr Robert Fleet is prohibited from instituting any proceeding in the Land and Environment Court against Blacktown City Council without the leave of a judge.
    Fokas, Maria 01/06/2010 Justice Fullerton 1. The plaintiff is prohibited from instituting fresh proceedings in any court against any of the defendants without first obtaining leave under s. 14 of the Vexatious Proceedings Act, 2008.

    2. The plaintiff is prohibited from making any application in any legal proceedings involving any of the defendants without first obtaining leave under s. 14 of the Vexatious Proceedings Act, 2008.

    3. The plaintiff pay the defendants costs as agreed or assessed of the defendants' motions and of the plaintiff's motion.

    The defendants in question in this matter include the following:

    Dr Jeffrey G Stack Defendant 1
    Dr Roderick Christou Defendant 2
    Dr Abdulla Saadi Defendant 3
    Dr Joseph C Y Lee Defendant 4
    Gargan, Peter Alexander 01/11/2010 Justice Davies Pursuant to s 8(7)(b) Vexatious Proceedings Act 2008 Peter Alexander Gargan is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act.

    Any legal proceedings instituted by Peter Alexander Gargan in any court or tribunal in New South Wales before the date of this order are hereby stayed.

    Order that Peter Alexander Gargan is not to be allowed to file and is hereby restrained from filing and also from serving any Notice of Motion in any proceedings currently before any court or tribunal in New South Wales, and is not to be allowed to make and is hereby restrained from making any oral application in such proceedings without the leave of a judge of an appropriate court under that Act.
    Jarvie, Russell Alan 18/12/2014 Justice McCallum

    Her Honour Justice McCallum made orders in matter 2014/00360603 Michael John Morris Smith v Russell Alan Jarvie and Mark Roufeil in the following terms:

    Make orders 1,2,3 set out in paragraph 34 of my judgment given on 18 December 2014, Smith v Jarvie [2014] NSWSC 1823.

    1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, the first defendant, Russell Alan Jarvie, is prohibited from instituting proceedings in New South Wales without leave of a Judge of the Court.

    2. The first defendant pay the plaintiff's costs on the indemnity basis as agreed or assessed.

    3. Until further order, the second defendant be restrained from distributing the surplus of the first defendant's bankrupt estate until the plaintiff's costs of these proceedings are paid.

    Klewer, Lucy Patricia 05/02/2010 Justice Harrison Until further order:

    1. the defendant shall not, without the leave of the Court, institute any legal proceedings in any Court.

    2. any legal proceedings instituted by the defendant before the making of order (1) shall not be continued without the leave of the Court.

    3. The defendant pay the plaintiff's costs of the proceedings.
    Liprini, Allan Stephen 05/12/2011 Justice Adamson
    • Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Mr Liprini is prohibited from instituting proceedings in New South Wales without leave of the Court.
    • Pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008, all of the proceedings in New South Wales already instituted by Mr Liprini be stayed.
    Macatangay, Miguela Alvarez 15/11/2012

    Justice Macfarlan

     

     

    Acting Justice Sackville

     

    Acting

    Justice Tobias

    Pursuant to s 8(7) of the Vexatious Proceedings Act 2008:

     

    (a) all proceedings in New South Wales already instituted by the applicant in matters Nos 20144 of 2005 and 269316 of 2005 ("the Matters") be stayed; and

     

    (b) the applicant be prohibited from instituting any further proceedings in New South Wales relating to any of the claims or complaints made by her in the Matters.

    ​Mahmoud, Tosson​​24/9/15​Justice Rothman(1) Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Mr Tosson Mahmoud is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court under that Act; 

    (2) Pursuant to s 8(7)(a) of the Vexatious Proceedings Act, any legal proceedings instituted by Mr Tosson Mahmoud in any court or tribunal in New South Wales before the date of this order are hereby stayed. 

    Orders, by Consent, were made on 13 April 2016 by Court of Appeal Registrar Riznyczok in the following terms:

    By consent.
    1. Order 2 made on 24 September 2015 staying all proceedings pending before that date is vacated.

    Markisic, Dragan 13/11/14 Justice Schmidt

    1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), Mr Dragan Markisic is prohibited from instituting proceedings in New South Wales without leave of the Court.

    2. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008 (NSW), the cross-claim already instituted by Mr Dragan Markisic be stayed.

    3. Mr Dragan Markisic is to bear the Attorney General's costs of the proceedings brought against him in this case, as agreed or assessed.

    ​Martin, Anthony Gilbert​​17/9/15​Justice SimpsonHer Honour Justice Simpson made orders in matter 2012/00217369 Attorney General of NSW v Anthony Gilbert Martin in the following terms:

    (1)  That, pursuant to s 8(7)(a) of the Vexatious Proceedings Act 2008 (NSW), all of the proceedings in New South Wales already instituted by the defendant be stayed;

    (2)  That, pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, the defendant be prohibited from instituting proceedings in New South Wales without leave of the Court.

    ​Potier, Malcolm Huntley​13/5/15​Court of AppealOn 13 May 2015, the Court of Appeal allowed an appeal appeal in part and varied those orders made by McCallum J (see below) by setting aside order 1 and varying order 2 to include a pending application under the Crimes (Appeal and Review) Act 2001.  The orders now effective against Mr Potier as made by the Court of Appeal are:

    "That, pursuant to section 8(7)(a) of the Vexatious Proceedings Act, any proceedings already instituted by the defendant in New South Wales except his appeal proceedings pending in the New South Wales Court of Criminal Appeal numbered 2005/14700 and any interlocutory proceedings in that appeal and any application under Part 7 of the Crimes (Appeal and Review) Act 2001 (NSW) be stayed."
    Potier, Malcolm Huntley 25/2/2014 Justice McCallum

    Her Honour Justice McCallum made orders 25 February 2014 in matter 2011/00344959 The Attorney General in and for the State of New South Wales v Malcolm Huntley Potier in the following terms:

    (1) That, pursuant to section 8(7)(b) of the Vexatious Proceedings Act, the defendant be prohibited from instituting proceedings in New South Wales except interlocutory proceedings in his appeal proceedings pending in the New South Wales Court of Criminal Appeal numbered 2005/14700 (including any bail application).

    (2) That, pursuant to section 8(7)(a) of the Vexatious Proceedings Act, any proceedings already instituted by the defendant in New South Wales except his appeal proceedings pending in the New South Wales Court of Criminal Appeal numbered 2005/14700 and any interlocutory proceedings in that appeal be stayed.

    (3) Grant liberty to the Attorney General to re list the matter either by contacting my associate or the list clerk to determine the issue of the costs of the proceedings.

    Rahman, Mohammad Tabibar 10/02/2014 Justice Adams

    Orders made pursuant to s 8 of the Vexatious Proceedings Act 2008 (NSW):

     

    (1) Mr Rahman is prohibited from instituting proceedings in New South Wales without first obtaining leave of the Court;

    (2) no further steps are to be taken by Mr Rahman in any proceeding already instituted by him in New South Wales without leave of the Court;

    (3) all proceedings already instituted by Mr Rahman in New South Wales are stayed pending leave of the Court to proceed;

    (4) the defendant is to pay the plaintiff's costs.

    Rouvinetis, Evangelos 12/6/2012 Justice Adams

    Orders made pursuant to s 8(7) of the Vexatious Proceedings Act 2008:

    1. The defendant is prohibited from instituting proceedings in any tribunal or court in New South Wales without leave of this Court.

    2. All of the proceedings in New South Wales already instituted by the defendant, with the exception of an appeal, if any, from the decision in Rouvinetis v Knoll [2011] NSWSC 1352 are stayed.

    Satchithanantham, Thambiappah (Mr) 11/09/2012 Justice Garling Pursuant to s 8(1) of the Vexatious Proceedings Act 2008, Order that:

    (1) Mr Thambiappah Satchithanantham be, and hereby is, prohibited from instituting proceedings whether by way of final relief, or by interlocutory motion, or application in New South Wales, whether in his own name, or in the name of any other individual, or corporation, or legal entity.

    (2)Mrs Hemelathasothy Satchithanantham be, and hereby is, prohibited from instituting proceedings whether by way of final relief, or by interlocutory motion, or application in New South Wales, whether in her own name or in the name of any other individual, or corporation or legal entity.

    (3)Order both Mr Satchithanantham and Mrs Satchithanantham pay the National Australia Bank's costs of the proceedings.
    Satchithanantham, Hemelathasothy (Mrs) 11/09/2012 Justice Garling Pursuant to s 8(1) of the Vexatious Proceedings Act 2008, Order that:

    (1) Mr Thambiappah Satchithanantham be, and hereby is, prohibited from instituting proceedings whether by way of final relief, or by interlocutory motion, or application in New South Wales, whether in his own name, or in the name of any other individual, or corporation, or legal entity.

    (2) Mrs Hemelathasothy Satchithanantham be, and hereby is, prohibited from instituting proceedings whether by way of final relief, or by interlocutory motion, or application in New South Wales, whether in her own name or in the name of any other individual, or corporation or legal entity.

    (3)Order both Mr Satchithanantham and Mrs Satchithanantham pay the National Australia Bank's costs of the proceedings.
    Singh, Jagjit 04/11/2013 Justice Slattery

    Pursuant to s 8 of the Vexatious Proceedings Act 2008, Jagjit Singh is prohibited from instituting proceedings in New South Wales, without the leave of the Court, against the first defendant, The Owners-Strata Plan No 11723 and the third defendant, Mr Terry Grant Van Der Velde and stay existing proceedings against them

    Viavattene, Beverley Georgina 25/3/2013 Justice Fullerton
    1. Pursuant to s 8(7)(b) of the Vexatious Proceedings Act 2008, Beverley Georgina Viavattene is prohibited from instituting proceedings in New South Wales other than with the leave of an appropriate court under the Act.
    2. Any legal proceedings instituted by Beverley Georgina Viavattene in any court or tribunal in New South Wales before the date of this order are hereby stayed.
    Viavattene, Peter Steven​​13/3/15​Justice M Beazley, President of the Court of Appeal, Justice J Basten and Justice M Leeming(1) Appeal allowed.
    (2) Set aside the orders made on 26 March 2014, and in lieu thereof, order that pursuant to s 8(7)(c) of the Vexatious Proceedings Act 2008 (NSW) Mr Viavattene is prohibited from instituting proceedings in New South Wales which are inconsistent with the finding that, following its realignment in about 11 November 2010, the access track to adjoining land no longer encroaches upon the property known as 1520 Numinbah Road, Chillingham.
    Viavattene, Peter Steven 3/7/14 Justice Basten The Court of Appeal (constituted by Basten JA, Tobias AJ) did on 3 July 2014 vary orders made by Justice Bellew (see below) in the following terms:
    Pending the hearing and determination of the appeal, and pursuant to s 9 of the Vexatious Proceedings Act, order that the orders made by Bellew J on 26 March 2014 be varied so as not to apply to any appeal or application for leave to appeal from any conviction, sentence or order leading to imprisonment or to any application for bail.
    Viavattene, Peter Steven 27/3/2014 Justice Bellew

    His Honour Justice Bellew today made orders in matter 2012/00323996 Attorney General in and for the State of NSW v Peter Steven Viavattene in the following terms:

     

    (1) Pursuant to s. 8(7)(b) of the Vexatious Proceedings Act 2008 NSW, the defendant is prohibited from instituting proceedings in New South Wales, without the leave of the court.

     

    (2) Pursuant to s. 8(7)(a) of the Vexatious Proceedings Act 2008 NSW, all proceedings in New South Wales which are already instituted by the defendant, are stayed.

     

    (3) The defendant is to pay the plaintiff's costs.

    Wilson,​ John 23/09/2010 Justice Davies John Wilson is prohibited from instituting proceedings in New South Wales other than with leave of an appropriate court pursuant to s 8(7)(b) Vexatious Proceedings Act 2008.

    Any legal proceedings instituted by John Wilson in any court or tribunal in New South Wales before the date of this order are hereby stayed.

    He is not to be allowed to file and is hereby restrained from filing and also from serving any Notice of Motion in any proceedings currently before any court or tribunal in New South Wales, and is not to be allowed to make and is hereby restrained from making any oral application in such proceedings without the leave of a judge of an appropriate court under that Act.