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1 Found helpful • 8 Pages • Essays / Projects • Year: Pre-2021
I INTRODUCTION Mr. Viavattene v Attorney General (NSW) brought to light issues regarding the court’s authority in dealing with vexatious proceedings. The case brings to the fore questions about the inherent jurisdiction of the courts in dealing with vexatious litigants a legitimate ‘cost of democracy’ ensuring it does not overstep certain confines of the law. II MATERIAL FACTS Mr.Viavattene (appellant) commenced 28 proceedings in the Local and Supreme Courts. The appellant’s objections arose out of the claim that they were entitled to exclusive possession of the whole of their land, including the access road notwithstanding the realignment, which took place on 11 November 2010. Of these proceedings, the appellant failed to appear, for the most part, hence leading to the dismissal of his applications. Following the Local Court proceedings, the appellant commenced proceedings in the Supreme Court against the dismissed applications. On the 27th of March 2013, after the appellant was deemed to have been vexatious in his proceedings by the Attorney General, orders were made under the Common Law Division prohibiting the appellant from instituting proceedings without leave of Court. Mr.Viavattene appeals against all orders. III PROCEDURAL HISTORY 21 proceedings took place within two periods: between the 3rd November 2010 to the 20th April 2011 and the 24th December 2012 to the 17th May 2013. Eleven of these proceedings were applications of AVOS brought by the appellant. The remaining related to proceedings brought against the appellant including AVO, common assault, and larceny and resisting an officer in the execution of duty.
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