Application by person subject to Vexatious Proceedings Restriction Act for leave to issue proceedings
Section 6 of the Vexatious Proceedings Restriction Act
Affidavit in support insufficient for application
Section 9 of the Oaths, Affidavits and Statutory Declarations Act
Quick Take
1Under s 6(3) and s 6(5) of the Vexatious Proceedings Restriction Act 2002 (WA), the court must dismiss an application for leave if the supporting affidavit fails to list all prior occasions on which the applicant has applied for leave, and this deficiency is not curable where the application otherwise lacks substance.
2Neither the rule in Wheeldon v Burrows (1879) 12 Ch D 31 nor s 52 of the Property Law Act 1969 (WA) creates a right of exclusivity over a particular commercial use (such as a lunch bar approval) granted by a local authority; an implied easement requires continuous and apparent exercise of a quasi-easement necessary for reasonable enjoyment of the land, not mere exclusivity of a planning permission.
3An application for leave to appeal lacks utility where the applicant has abandoned the desire to pursue the proceedings that were the subject of the decision sought to be appealed.
