Mohareb v Palmer [2020] NSWCA 323 (11 December 2020) (Basten JA at [1]; McCallum JA at [94]; Simpson AJA at [95])


Catchwords:


CIVIL PROCEDURE — Parties — Vexatious litigants – Vexatious Proceedings Act 2008 (NSW) – s 6 – meaning of “vexatious proceedings” – s 8(1) – meaning of “frequently instituted or conducted vexatious proceedings” – assessment of frequency

CIVIL PROCEDURE — Parties — Vexatious litigants – exercise of discretion – balance between access to the processes of the law and restraint of unwarranted exercise of that access

CIVIL PROCEDURE — Hearings — Procedural fairness – expansion of orders as compared to those sought – making an order in terms not foreshadowed during or after the hearing – no opportunity for parties to be heard