Samootin v Shea

[2012] NSWCA 378

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of process
3. › Repeated proceedings
4. › Where applicant lacks standing to seek relief
5. › Where lack of standing held in earlier proceedings and confirmed on appeal to High Court
6. › Proceedings dismissed as abuse of process
1. Practice and Procedure
2. › Vexatious litigants
3. › Restraint of Supreme Court proceedings
4. › [name withheld] orders
5. › Inherent power to prevent abuse of jurisdiction
6. › Direction to Registrar to screen future filings
7. › Whether appropriate to make order in fashion of [name withheld] v Hunters Hill Council (No 4)
1. International Law
2. › Treaties and conventions
3. › Status in domestic law
4. › Whether international treaties to which Australia is a signatory form part of Australian domestic law
5. › Whether treaty obligations operate as direct source of individual rights
6. › Convention on the Elimination of All Forms of Discrimination against Women
1. Practice and Procedure
2. › Proceedings in chambers
3. › Whether matter should be dealt with in open court or on the papers
4. › Judiciary Act 1903 (Cth), s 38(a)

Quick Take

Proceedings seeking to re-litigate claims that have been held in earlier proceedings (confirmed by the High Court) to be ones the applicant lacks standing to bring constitute an abuse of process. A [name withheld] order may be made where a litigant persistently pursues claims she has no standing to bring, directing the Registrar to screen future filings and refer them for potential summary dismissal. International treaties to which Australia is a signatory do not form part of domestic law and cannot prevent dismissal of proceedings as an abuse of process.