The Court of Appeal may exercise its own motion power under s 8(4) of the Vexatious Proceedings Act 2008 (NSW) to make vexatious proceedings orders where a litigant repeatedly files unsuccessful applications relating to the same dismissed claim. A show cause submission that merely repeats the same contentions from prior unsuccessful proceedings, rather than addressing why a vexatious proceedings order should not be made, will not be treated as a relevant response.
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