Recent Cases

Arjunan v Neighbourhood Association DP No 285853 (No 4) [2023] NSWCA 329 (22 December 2023) (Stern JA)


Catchwords:


CIVIL PROCEDURE – Teoh order – where the applicants filed a notice of motion seeking to set aside and vary orders under UCPR, r 36.16 – where application does not raise any new issue and the issues raised have now been repeatedly determined against the applicants – where applicants directed to show cause why the Court should not summarily dismiss proceedings as vexatious and an abuse of process – whether application should be dismissed as vexatious and an abuse of process

CIVIL PROCEDURE – Subpoena – where leave to issue a subpoena refused by Deputy Registrar on the basis that there were no active proceedings at the time when the subpoena was filed – where applicants made a further application for leave to issue that subpoena – where documents are being sought by the applicants to support contentions considered and rejected by this Court – whether leave to issue the subpoena should be granted