Proietti v Proietti

[2023] NSWCA 132

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Dismissal of proceedings
3. › Abuse of process
4. › Successive proceedings raising same issues after final determination
5. › Whether proceedings vexatious and oppressive
6. › Civil Procedure Act 2005 (NSW), ss 56, 63
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.16(3A), 36.16(4)
1. Practice and Procedure
2. › Reopening of judgments
3. › Jurisdiction to reopen
4. › Whether court proceeded on misapprehension of fact or law
5. › Whether re-agitation of arguments already considered
1. Practice and Procedure
2. › Vexatious litigants
3. › Teoh direction
4. › Show cause direction to prevent abuse of process
5. › Whether direction warranted where applicant has declared intention to continue litigating same issues

Quick Take

A Teoh direction may be warranted where a litigant has filed multiple applications raising the same issues after final determination and has declared an intention to continue litigating.