A vexatious litigant order made under s 84(1) of the Supreme Court Act 1970 requires leave to appeal, either because it is interlocutory (s 101(2)(e)) or because it does not involve a matter at issue of $100,000 or more (s 101(2)(r)). The question of whether an appeal against such an order constitutes 'instituting proceedings' requiring leave under s 14(2) of the Vexatious Proceedings Act 2008 remains open in NSW. A litigant who is afforded extensive opportunities to be heard but chooses not to take advantage of them cannot establish denial of procedural fairness.
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