Application of Miguela Alvarez Macatangay

[2018] NSWSC 1183

Supreme Court

New South Wales

Medium Neutral Citation:	Application of Miguela Alvarez Macatangay [2018] NSWSC 1183
Hearing dates:	On the papers
Date of orders:	01 August 2018
Decision date:	01 August 2018
Jurisdiction:	Common Law
Before:	Fagan J
Decision:	Application for leave under the Vexatious Proceedings Act 2008 (NSW) to commence proceedings refused.
Catchwords:	CIVIL PROCEDURE – parties – vexatious litigants – leave to institute proceedings
Legislation Cited:	Vexatious Proceedings Act 2008 (NSW)
Cases Cited:	Application of Miguela Alvarez Macatangay [2018] NSWSC 42 Macatangay v State of New South Wales [2012] NSWCA 374
Category:	Procedural and other rulings
Parties:	Miguela Alvarez Macatangay (applicant)
Representation:	Applicant in person
File Number(s):	2017/300450

Judgment

1. This is yet another application by Ms Macatangay for leave pursuant to s 14(2) of the Vexatious Proceedings Act 2008 (NSW) to commence proceedings against the State of New South Wales. These short reasons are published only for ease of reference so that, if any subsequent application should have to be dealt with by another judge of the Court, the record of earlier unsuccessful applications will be complete and readily seen.

2. Ms Macatangay is the subject of an order under s 8(7) of the Act made by the Court of Appeal on 15 November 2012. The terms of the order and the circumstances in which it was made are related in my reasons of 2 February 2018 dismissing Ms Macatangay’s last application for leave to commence proceedings: Application of Miguela Alvarez Macatangay [2018] NSWSC 42. The application disposed of by that decision had been filed on 5 October 2017. Prior to that she had filed an application on 4 April 2017 which was dismissed by Lonergan J on 18 August 2017.

3. The applicant’s submissions in support of the present application, filed on 27 July 2018, incorporate a draft of the pleading and particulars she would file if leave should be granted. The draft makes clear that in the proposed proceedings the applicant would seek to establish that her claim against the State in the Industrial Relations Commission (No 5099/02) was not settled. That contention has been finally resolved against her, with all avenues of appeal and review exhausted, as recounted in my reasons of 2 February 2018 cited above.

4. The proceedings for which leave is presently sought are materially the same as those for which the applicant sought leave by her applications of 4 April 2017 and 5 October 2017. My reasons for refusing the leave now sought are the same as those given on the most recent prior occasion: see [11]-[13] of the reasons cited above. The applicant’s affidavit filed in support of the present application, sworn 27 July 2018, discloses no ground for varying or setting aside the vexatious proceedings order made by the Court of Appeal on 15 November 2012: Macatangay v State of New South Wales [2012] NSWCA 374. The affidavit does not identify any change of circumstances or any new or different material which would enable this present, repetitious application to be seen in a different light from the previous two.

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Decision last updated: 01 August 2018