De Varda v Austin

[2019] NSWCA 42

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Seriously arguable question of denial of procedural fairness
4. › Orders made under Vexatious Proceedings Act without adequate notice
5. › Whether leave should be granted
6. › Vexatious Proceedings Act 2008 (NSW), s 8
1. Practice and Procedure
2. › Procedural fairness
3. › Vexatious proceedings orders
4. › Whether party given adequate notice of relief to be sought
5. › Whether party given opportunity to be heard
6. › Vexatious Proceedings Act 2008 (NSW), s 8

Quick Take

Practitioners seeking vexatious proceedings orders under s 8 of the Vexatious Proceedings Act 2008 (NSW) should ensure that the person against whom orders are sought has been given adequate prior notice that such relief will be pursued and an opportunity to be heard.