An application under UCPR r 36.16 to reopen proceedings that re-agitates the same issues dealt with in previous applications, without identifying any fresh argument or change of circumstances, will be dismissed as vexatious and an abuse of process. The Court may impose prospective procedural requirements on future applications. A stay of costs orders that is dependent on the success of a primary application to reopen will fail if the primary application is refused.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.