› The Court has no inherent power to restrain or preclude a litigant from commencing fresh or new proceedings without leave of the Court but does have inherent power to restrain a litigant from making frequent vexatious applications in pending proceedings
› The Court has statutory power on the dismissal of proceedings to place terms preventing a litigant from bringing fresh proceedings or claiming the same relief in fresh proceedings
Judgments
› Enforcement
› Ordinary means of enforcement of judgments
› Distinction between judgment for payment of monies and judgments requiring a party to do an act or abstain from doing an act
Receivers
› Appointment of receiver to facilitate execution of costs
› Directions and powers to be given to the receiver are purpose-based to facilitate the simplification of the process of execution
Costs
› Multiple costs orders
› The regime for assessment and registration of certificate of costs depends upon the legal profession legislation in force at the time of the proceedings to which the costs assessment relates were commenced
› The regimes since 2004 allow for registration of a single judgment instead of multiple separate judgments for each costs order
Case Details
Citation[2023] NSWSC 711
CourtNSWSC
JurisdictionNew South Wales
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