The Court dismissed a vexatious litigant's application for leave to commence proceedings against the State under TLA ss 201(3) and 205(1), finding no prima facie ground. The Court confirmed that TLA s 201(3) permits an action against the Registrar as nominal defendant only where a person against whom a s 201(1) damages claim could have been brought is dead, bankrupt, or cannot be found within the jurisdiction — the provision does not extend to cases where litigation avenues against the primary defendant have merely been exhausted. The Court also found no prima facie basis for broader claims of administrative negligence, breach of statutory duty, or misfeasance in public office against the State, and noted that any such claims would likely face insurmountable limitation defences.
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