The word 'frequently' in s 8(1)(a) of the Vexatious Proceedings Act 2008 (NSW) is a relative term to be understood in the context of the proceedings the particular litigant has instituted; a pattern of repeated vexatious applications within a limited period, particularly where a litigant repeatedly challenges a decision demonstrating an unwillingness to accept its rejection, may satisfy the test. When determining whether proceedings are 'vexatious', the court must form its own judgment but may take into account findings and views expressed by judicial officers in the earlier proceedings, and very persuasive material would be required to justify departing from such findings. No subjective intent is required under s 6(a) (abuse of process) or s 6(c) (without reasonable ground).
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