Bride v Commonwealth Bank of Australia [No 3]

[2009] WASCA 129

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Vexatious proceedings
3. › Orders restricting institution of proceedings
4. › Application to rescind or vary order
5. › Refusal to rescind or vary
6. › Whether changed circumstances warranted rescission or variation
7. › Vexatious Proceedings Restriction Act 2002 (WA), s 4, s 7
1. Practice and Procedure
2. › Vexatious proceedings
3. › Orders restricting institution of proceedings
4. › Appeal from refusal to rescind or vary
5. › Whether appeal competent
6. › Whether original order precludes appeal from s 7 refusal
7. › Vexatious Proceedings Restriction Act 2002 (WA), s 4, s 7
1. Practice and Procedure
2. › Appeal
3. › Leave to appeal
4. › Interlocutory decision
5. › Decision capable of being renewed
6. › No prospect of success

Quick Take

An applicant seeking to rescind or vary a vexatious proceedings order under s 7 of the Vexatious Proceedings Restriction Act 2002 (WA) must demonstrate that changed circumstances actually undermine the reasons for the original order; the existence of an undetermined issue that was not the basis for the original order is insufficient. The competence of an appeal from a s 7 refusal remains an open question.