Application by defendants for stay of proceedings pending determination of related proceeding under the Vexatious Proceedings Act 2014 (Vic)
Judgment reserved in related proceeding subject of extended litigation restraint orders
Quick Take
1A court may temporarily stay proceedings under s 47(1) of the Civil Procedure Act 2010 (Vic) or its inherent jurisdiction where a related proceeding under the Vexatious Proceedings Act 2014 (Vic) is pending judgment, having regard to the risk of overlapping findings, the limited duration of the stay, the absence of urgent need for relief, and the overarching purpose of facilitating just, efficient, timely and cost-effective resolution of disputes.
2Where a plaintiff's claims are substantially directed to securing resources for anticipated litigation contingent on the outcome of a pending related proceeding, the absence of a presently arising need for relief weighs in favour of a temporary stay rather than determination on the merits.
