Orders requiring a party to obtain leave from a judge before filing any further pleading, made under the general power to strike out pleadings but without any application or finding under the Vexatious Proceedings Act 2008 (NSW), are arguably beyond power. Default judgment cannot be entered where proceedings are stayed or where no proceedings exist in the relevant court. Interim damages under s 82 of the Civil Procedure Act 2005 (NSW) require satisfaction of the prerequisites in s 82(3) and are unlikely to be awarded in complex cases not susceptible of ready assessment.
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