An application comprises a 'proceeding' within the meaning of s 39 of the Supreme Court Act 1935 (SA) if it seeks final determination of a justiciable issue, is an appeal, or is an application to set aside a judgment substantively similar to an appeal; purely interlocutory applications are generally not proceedings. The institution of a proceeding encompasses both its commencement and prosecution. Findings in earlier vexatious litigant proceedings between different parties do not create an estoppel preventing the respondent from contesting those findings in subsequent proceedings brought by the Attorney-General.
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