The Court dismissed an application for leave to institute defamation and malicious prosecution proceedings by a person subject to a vexatious proceedings order, on three independent bases: the supporting affidavits failed to substantially comply with s 37AR(3) by not disclosing relevant facts including the basis for overcoming absolute privilege attaching to court documents; the proposed proceedings were vexatious as being bound to fail and an abuse of process; and the Court declined to recuse itself, reaffirming that prior adverse decisions against a litigant do not give rise to a reasonable apprehension of bias. The Court confirmed that 'relevant facts' under s 37AR(3) include a coherent description of the nature of the claim and facts addressing obvious defences such as absolute privilege.
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